
i, 






I ■«.;.■. 




The Boundary Stone at Oxford, Chester County. 



'r/ 



S3 




Printed under direction of 
WILLIAM FRANCIS HARRITY. 

S e ere tary of the C omm o nwe alth , 




Edited hy 

Wm.H.EGLE,M.D. 



roi. xvt. 




HARRISUURG: 

E.I£.3Ieyei_"s , State Printer. 
1890. 



\w 



oy\ 






The Breviate: 



BOUNDABT DISPUTE 



BETWEEN 



PENNSYLVANIA AND MARYLAND. 



HARRISBUKG : 

EDWLN K. .MEYERS, STATE PRINTER. 

.'891. 



INDEX, 



The Copy of Lord Baltimore's own Plan, annext to the Articles of 

Agreement, Our Map of the Places in Question, proved in the 

Cause by four Surveyors ; some of which are of other 

Provinces. 

Brief of our Bill begins, ...:.... fo. 1 

The Relief prayed, fo. SI 

A State of the Interlocutory Proceedings between the Bill and An- 
swer, fo. 83 

The Defendant's Answer begins, fo. 83 

The Schedule annexed to the Defendant's Answer, containing his 
Commissioners Account of the Proceedings before them, and the 
Papers which were exchanged (in a regular Order of Time), from 
the 6th of October, 1732, to the 24th of November, 1733, . . . fo. 165 

A State of several Proceedings in the Cause, from the Time of 
putting in the Answer to the Time of passing Publication, fo. 216 

Written Evidence proved in the Cause by the Plaintiffs, from Re- 
cords, Ancient History, &c, in a regular Course of Time, fro m 
1584 to 1742, divided into 17 Chapters or periods, . ■' f°- 217 

Chap. 1st. From the Discovery of North- A.merica to the Grant, 
made by the Crown of Maryland, to Lord Baltimore in the year 
1632, fo. 217 

Chap. 2d. From the Lord Baltimore's Grant, 1632, to the End of 
the Year 1663, during all which time the Dutch and Swedes re- 
mained in the quiet Possession of what is now New-York ; and 
also Delaware, which now makes the Three Lower Counties ; 
free from any Claim by the Lord Baltimore, or by the English 
Crown, fo. 227 

Chap. 3d. From the latter End of the Year 1663 (when King 
Charles granted New- York, &c., to the Duke of York, and the 
Dutch were, consequently, dispossessed of their great and small 
Settlements) down to the Year 1673, during all which time the 
Duke of York possessed and governed New-York in the Lower 
Counties also, fo. 245 

Chap. 4th. Of the Dutch regaining Possession (for a few Months) 
of New-York and Delaware also, ... . fo. 280 

Chap. 5th. From the New Grant, made by King Charles the Second 
to the Duke of York, in June 1674, down to the Time of granting 

(v) 



vi INDEX. 

Pensilvania, and the Lower Counties to Mr. Penn, and. his 
being in full possession of all the same, at tbe end ot the Year 
1682. fo. 283 

Chap, 6th. What past in America, in the Years 1683, 1684 and 1685 
(exclusive of what past in England during those Years.) . . fo. 381 

Chap. 7th. What past (in England) in the Years 1683, 1684 and 1685 : 
being the first Contest or Suit between Lord Baltimore and Mr. 
Penn, fo. 390 

Chap. 8th. From the first Determination of the King in Council on 
the 13th of November 1685, down to the second Determination in 
the Plaintiff's favour, in the Year 1708, fo. 408 

Chap. 9th. From the Second Determination in their favour, in 
January 1708, to the third Determination in their favour, on 23d . 
June 1709, fo.428 

Chap. 10th. From June 1709 to the time of the Death of Mr. Penn 
the Patentee, in 1718, fo. 430 

Chap. 11th. From the Death of William Penn the Proprietary in 
1718, to the Death of Mrs. Hannah Penn his Widow and Execu- 
trix in 1726, fo. 439 

Chap. 12th. From the Death of Mrs. Hannah Penn in December 
1726, down to the time of beginning the Treaty with Lord Balti- 
timore, for the Agreement now in Question, fo. 443 

Chap. 13th. From the Beginning of the Treaty, to the Time of ex- 
ecuting the Articles of Agreement in Question and the Commis- 
sions for running the Lines pursuant to the same, fo. 444 

Chap. 14th. From the Time of sealing the Articles, here in Lon- 
don, in May 1732, down to the End of the Year 1733, fo. 461 

Chap, 15th. From Christmas 1733, to the time of filing the present 
Bill, in June 1735, • fo. 483 

Chap. 16th. Matters which have past since the filing of our present 
Bill, fo. 496 

Chap. 17. Containing a Case stated to, and the Opinions of Sir 
Clement Wearg, Mr. (now Lord Chief Justice) Willes, and Sir 
Philip Yorke"(now Lord Chancellor) thereon, relating to the 
Construction of Lord Baltimore's Charter and his bounds, . . fo. 504 

Depositions of Witnesses for the Plaintiffs, with some Observations 
thereon, digested wilder the following 29 Branches, viz., . . . fo. 508 

1st. Branch. Of the first Discovery of the Peninsula, and the first 
Maps published thereof (before the year 1632), and how many 
several Editions of Captain Smith's Book had been published 
before that Year, fo. 509 

Sd Branch. To prove my Lord Baltimore's own printed Book and 
Map, and Description of Maryland, and how far he then claimed ; 
published in the Year 1635, within three Years after the Date of 
his Charter, and soon after he had landed in, taken possession of, 
and settled, his Province of Maryland, fo. 512 

Sd Branch. Containing the strongest Proof that there never was 
any real Order of Council of 4th of April 1638, about William 



INDEX. vii 

Clayborne and the Isle of Kent ; but that such Order was made 
or invented by Lord Baltimore, in 1685, fo. 517 

4th Branch. That the Swedes, the Dutch, and the Duke of York, 
successively, held the Lands now called the three Lower Counties 
under the names of New Sweden, new Netherland, South River, 
Delaware, Sandhook, from the Year 1630 downwards.— That the 
principal seat of Government was then at New York — And Lord 
Baltimore's Ancestors never possest. — Also of the Conquest from 
the Dutch in 1664, fo. 520 

5th Branch. Proving where the true Susquehannah Indian Fort 
formerly stood, which is mentioned in some of the Proceedings 
in 1680, fo. 522 

6th Branch. Proving by whom the Lower Counties were possessed 
when Mr. Penn first went thither in 1682 ; and also the actual 
Delivery of Seisin to him then, fo. 525 

7th Branch. To prove a Petition from the Inhabitants of the Lower 
Counties in 1682, to be united to the Province of Pensilvania ; 
also an Indian Purchase then made, and a Copy of a Demand 
made upon Mr. Penn, by Colonel Talbot, which was in 1683, . fo. 526 

8th Branch. Relating to the Names which the three Lower Coun- 
ties have been called by, under the Dutch, the Duke of York, 
and Mr. Penn ; the making them into Counties in 1682 ; and their 
being called the Territories of Pensilvania, fo, 527 

9th Branch. To prove Colonel Talbot's running a Line in 1683, 
from the mouth of Octorara Creek, by Order of Lord Baltimore, 
for a Division, called Octorara Line, Colonel Talbot's Line, and 
Lord Baltimore's Line ; and afterwards building a small Log- 
house, of a few Logs, within and below that Line for a Fort 
(which themselves afterwards deserted) ; and that that Line was 
always regarded by us ; and for more than 40 Years by them 
also, fo. 529 

10th Branch. About the Indian Purchases made by the Dutch, and 
Swedes, and Mr. Penn ; and of his exercising the Government 
of tbe Lower Counties from 1682, to 1702, fo. 538 

11th Branch. Proving Mr. Penn's constant Possession, as Landlord 
and Proprietor ever since 1681, and 1682 ; his granting out of the 
Lands ; appointing great Numbers of Collectors and Receivers 
of Quit-Rents in all the Lower Counties ; and receiving Quit- 
Rents, fo. 538 

12th Branch. Thatconstant, Annual Assemblies have been held, for 
the Lower Counties under Mr. Penn, from 1682 ; Courts of Jus- 
tice always held there, under his authority ; and none of the 
Inhabitants of those counties ever elected into the Maryland 
Assembly, ■ fo. 544 

13th Branch. To prove the very Acts of Assembly (past in Lord 
Baltimore's own Province of Maryland) do, from time to time, 
call the Lower Counties the Territories of Pensilvania, and tax 
Goods coming from thence, or carried thither, as Goods coming 
to, or going from, another distinct Province, and that those 
Laws are, from time to time, inforced and put in Execution, . fo. 547 



viii INDEX.' 

14th Branch. Some general Proofs of the great Expense Mr. Penn 
was at, and how much he has impaired his English and Irish Es- 
tates, to settle this country, fo. 551 

15th Branch. That the now Plaintiffs have possest ever since 
1726, fo. 554 

16th Branch. Of the Number of Persons settled in each of the 
three Lower Counties, . . . fo. 554 

17th Branch. Of the very strange way of granting out Lands by 
the Maryland Officers, and the Consequences which they inflict 
on, from the Persons locating such Grants, fo. 555 

18th Branch. Of the notorious Situation of Pensilvania, and the 
Lower Counties, both upon one and the same, West, Side of the 
River and Bay of Delaware ; and of my Lord's going personally, 
by Land, from the one to the other of them in 1733 ; which, never- 
theless, he has been pleased to swear; in his Answer, are sepa- 
arated by, and Lie on different Sides of, that great Bay and 
River, fo. 558 

19th Branch. Of the Treaties in order to, and the drawing, perus- 
ing, and settling the Draught of the Agreement, the Map, and 
Mr. Senex's written Opinion, and the Execution (by the Parties) 
of the Agreement in question, and of the Commissions for run- 
ning the Lines pursuant thereto, fo. 560 

20th Branch. Of the several Proceedings of the Commissioners in 
America, Day by Day, in order to have carried the Agreement 
into Execution, fo. 577 

21st Branch. That the Circle, and the Distance of it, were well known 
at the time of the Agreement ; That Lord Baltimore's own Map 
had many particular Marks and Lines relating to that very Circle ; 
That he had above 8 Years before that time, the largest Draught 
of the Peninsula that had ever been seen, with several East and 
West Lines markt for Division thereof ; That the Plaintiffs had 
never been in America, to gain any Knowledge on their Parts ; 
and also to prove an old Map of the Town of Newcastle, . fo. 632 

22il Branch. That the Defendant was not deceived in the Plaintiff's 
Title, which he very well knew, long before the Agreement, . fo. 640 

23d Branch. Of the East and West Bounds of the Peninsula, and 
where the Bay of Delaware ends, viz. at Bombay's Hook, about 
30 Miles below the Town of Newcastle, fo. 641 

24th Branch. Proof of our general Map, and where the true Isthmus 
is ; being formed by the Tide Waters flowing very near, to with- 
in 4 Miles of each other, in Apoquinomy River, and Bohemia 
River, fo. 643 

25th Branch. Proof where the before-mentioned Isthmus, formed 
by the flowing Water is ; and also, where another Isthmus, formed 
by the Navigable Water is, .' . . fo. 647 

26th Branch. Proof of several Springs that rise, in the Peninsula, 
and run, from the same common Head, both ways, into the Bays 
on each Side of the Peninsula, fo. 650 

27th Branch. Proof where Lord Baltimore's oldest Line, which he 
claimed in 1635, lies, fo. 653 



INDEX. ix 

28th Branch. Proof where the Octorara Line, run by Lord Balti- 
more in 1683, lies ; also, where the Line for Temporary Jurisdic- 
tion (lately run in 1739, by Order of the King in Council) 
lies, fo. 654 

£9th Branch. Containing Proof of many old Maps, Foreign and 
English (made before the Year 1680) which lay down both Cape 
Cornelius and Cape Hinlopen, and in the same manner as the 
Map in question did ; also, where our Cape Hinlopen really lies ; 
That the whole Country thereabouts, was formerly called Hin- 
lopen, as well as that particular Spot ; That there is the appear- 
ance of a Cape at our Cape Hinlopen ; That the South Bounds of the 
Whorekiln District, or Sussex County, extended thither; That 
the Dutch had a Boundary Tree, in their time, there ; That Mr. 
Penn granted out Lands to that Place (as soon as ever he had his 
Feoffments), particularly to the Duke of York, and several oth- 
ers ; and stiii possesess very near to it ; and that the first cursory 
Claim of Maryland, a little North of that South Boundary, began 
but in the Year 1696 ; also an Account, for what Reasons, some- 
thing like the Name of that old Cape, has, lately been trans- 
ferred up to the Mouth of Delaware Bay, fo. 656 

Depositions of- Witnesses for the Defendant, with some Observa- 
tions thereon, divided into 46 several Branches or Parts, . . fo. 676 

1. As to our Commissioners for running the Linos, which the De- 

fendant cross-examined, in order to disqualify themselves as 
interested Persons, fo. 676 

2. As to some other of our Witnesses, whom the Defendant also 

cross-examined as to their Interest, fo. 678 

.'!. Proofs upon the Defendant's Enquiry whether Observations 
had not been taken at Philadelphia, and where the 40th Degree 
fell, fo. 681 

4. The Examination of some persons, Dependants upon the De- 

fendant, as to their Construction and Opinion of the Extent 
of his Charter for Maryland, fo. 682 

5. To prove the Isle of Kent is very near the Peninsula, . . fo. 690 

6. The Defendant clearly proves there was another very an- 

cient Swedish and Dutch Fort in Newcastle County, fo. 691 

7. To prove two Points: 1. That my Lord Baltimore did, about 

1673, burn and destroy a Place, then called the Whorekills, 
now called Lewes Town. 2. The Place where those Whore- 
kills were ; and that, for a two-fold Purpose, viz. in Order to 
affect our Cape Cornelius, as well as to shew what he did to 
assert his Right in the three Lower Counties, . . . • . . . . fo. 691 
S. A. Memorandum as to 8 of the Defendant's Witnesses, there 
named, who were never at all examined by us, to any Point 
whatever ; but, in the Defendant's own Examination of them, 
have proved themselves interested in the Dispute, so that we 
object to them as being disqualified, and their Names have, 
as often as they are mentioned, this Mark * before them, . fo. 699 



x INDEX. 

9. Proof of Exhibits from the Secretary's Office in New York and 
New Jersey ; also from the Council Books, the Land Office 
Books, and from two private Books (pretended to have be- 
longed to Surveyors) in Maryland ; also of the usual Manner 
of Patenting Lands in Maryland, and granting Warrants for 
those Lands at large, fo. 700 

10. Proofs, on the Defendant's Enquiry, who were the first dis- 
coverers, who were the first Settlers, and what were the first 
Names of the three Lower Counties, fo. 704 

li. To prove that the New Cape Hinlopen lies opposite to Cape 

May, . . fo. 705 

12. To prove what Settlements were made, and under what Gov- 

ernment, near and about Philadelphia, before the Year 
1680, fo. 707 

13. To prove how the Whorekills had been settled, and under 

whom, fo. 708 

14. To prove a Susquehannah Fort, situated a great way North up 

in the Country about the River Susquehannah, fo. 709 

In. To prove a Release for 500 Acres from William Penn to William 
Standley, and the Frame of Government in Pensilvania, 
and the tisual Conditions of granting out Lands there at 
first, fo. 712 

16. That the Town of Newcastle lies very near 20 Miles South of 

Philadelphia, fo. 713 

17. That no other Line has heen run from Newcastle, than one to 

mark Part of a Circle of 12 Miles Radius from the Town of 
Newcastle, and separate the County of New Castle from Ches- 
ter county in Pensilvania : That several Parcels of Land, 
lying South of the Parallel of the most Northern Part of Ihe 
said Circle, are held under the Plaintiffs, and what Number 
of Persons there settled, fo. 714 

18. One single Witness to prove an Isthmus, somewhere or other, 

at the Spring Heads, fo. 714 

19. The Proof, upon the Defendants Enquiry, whether the Mouth of 

Christiana Creek or River lay to the South, or to the North, of 
the Line lately run by Order of the King in Council, . . . fo. 716 

20. An Attempt to prove where some Places called Kingsess, Mill 

Creek, Charges Creek or Westerbock lay, fo. 716 

21. To prove that a Tree called [some Lord's bounded Tree] at 

Marcus Hook on Delaware was spoke of 40 Years ago, . . fo. 717 

22. To prove that my Lord's Ancestor, in 1682, went up Delaware 

to Chester, in Order to make an Observation, and how he was 
received there by the People ; and that in going back, at 
Marcus Hook, &c, he forewarned a few Inhabitants from 
paying any more Quit Rent to Mr. Penn, fo. 717 

23. To prove that, about 1682, Plaintiffs Father landed at Newcastle 

Town, and afterwards went to Chester, and had an Observa- 
tion taken, in order to found his City of Philadelphia, but was 
told he Avas within the Maryland Boundaries, . ... . . . fo. 719 



INDEX. xi 

24. To prove an East and West Line run by Lord Baltimore's An- 

cestor, being the Octorara Line, fo. 721 

25. To prove a Fort at Christiana, fo. 722 

26. An unsuccessful Attempt, to prove that Lord Baltimore had 

exercised the Government, and had received Quit Rents, in 
the Lower Counties, fo. 72t> 

27. To prove, directly contrary to the Answer, That the Province 

of Pensilvania is not contiguous to New Jersey, but is con- 
tiguous to the Lower Counties ; and that Pensilvania and 
the lower Counties are on the same, West, Side of tlie Bay of 
Delaware, and not on the East Side of the said Bay and 
River, fo. 728 

28. An Attempt to prove a very few Instances of Settlements of 

Lands, in the Lower Counties, under Maryland Rights, . fo. 730 

29. Proofs upon the Defendant's Enquiry where, and in what 

Province, four or five particular Gentlemen lived, and who 
they held their Lands under? fo. 739 

30. To prove the Number of Inhabitants in the three Lower 

Counties, fo. 740 

31. To prove the payment of Quit Rents in the Lower Counties, . fo. 742 

32. To prove the appointing a Governor, for the three Lower 

Counties, always by Mr. Penn and his Family, fo. 745 

33. To prove how many Ports and Harbours there are, on both 

Sides in going up Delaware Bay, fo. 747 

34. To prove the actual Payment of Duties on Goods imported into 

Maryland from the Lower Counties, fo. 748 

35. An Attempt to find out two lost Colonies in Maryland, (Dur- 

ham and Worcester) which no Soul ever heard the Names 
of, fo. 749 

36. An Attempt to prove a Fort on Susquehannah River lately kept 

by one Cressap, fo. 749 

37 To prove the Agreement, and the Treaty in order thereto, and 

the Defendant's great Ignorance of his Province, fo. 749 

38. To prove what passed, during the Time the Commissioners met 

in order to have excuteel the Articles, fo. 767 

39. To prove the Copy, only, of a Question and two Surveyors An- 

swer, about the Dimensions of the Circle, fo. 771 

40. To prove the Extent of Newcastle Town, fo. 772 

41. To prove that the first Time the Defendant had any Account 

of the Proceedings of the Commissioners for settling the 
Boundaries pursuant to the Agreement, was after his Arrival 
in Maryland, fo. 773 

42. To prove there are Ferries over Susquehannah River, fo. 774 

43. To prove a short Account of the Commissioners Proceedings, fo. 774 

44. To prove the Defendant's Application for a Grant of the Lower 

Counties in August 1734, fo. 775 

45. To prove Exhibits in England, fo. 777 

46. To prove Deceit put upon the Defendant by his own Map, (as 

most falsely pretended), fo. 778 



1 



^=T 






U lllap 

of parti of tfu jP?vvmccJ 
of -Paifyhama and Tflarulanl 
nnth the Countic<f of 
\J¥ervcaftk,l£ent and Suffcx 

o/i jDeldivari: 

^eccrdtnj to the. nw/ir exact JiirotyJudnmi, 
drawn, in t7u tJcar 1JA. 



tf*tf 



pE^^ 



^IhmjujSSlk i\ ^S 1 J J \\ \ 

^::^IL U-i^^.^.^.^^sju^* , ^K \ . ^ i 



X 



w 



5)tA»-** 



" Xju 



^JMulUl &/„,.■ d. ■%*/.-'. i, :i [frit.- L -/ W, .£,,,,'/,.■/,.■„■ ./'J?>n/7/,, ,„,„ f, M,., ?_ JT1 ,■.,,. „. Rift ^ 



°B M - 



-.^UJ'S*' 3 '" 






J ER S EY 



r to ZcrJ. Ji.Jttmnl' 7ILf An-cf 



,w 



CVft« Town 






MARY 



Annapolis 



land. 






\Sx™" J ' uY_ijifar Vma£ £ 



J^h 



VIRGINIA 



b 



fe/v Cornelius —* 



S J7 5 SxJ- 



r/,.y>. 



| J)mw7ltfZfami .•flAel.m.fc fir,, 

.•„J r 'X;,a,..,H, e i'7„./,j>l~Ju,,rw„ C , 



%:,,„ JJtnbpeii 



2J 



B l d a de1 f U a .20 ik 0ct r t 14 O Jjct Wim Mn7cnn,^,n M '?en,,k&cLzrl&^ 

Tn-Owiic <fa7napwaSjhcmn,toJacoimwKnj,^/nas7rtileS.W"^ 

^D '' ty/„ e faint/usCzu*e.iWfta«&Zv<m^kc. Wtncfr our (unAs I<n,,n U,t- CU.'J&mficJ 

M VsittLl M-fin.Au.fri/ 

yfz,,,,: s,„,;„ic£„. 



jplauianU ^^ tX " Ut ' on "^ Comi/fon for cxaminuy 



THE BREVIATE. 



IN Chancery. John Penn, Thomas Penn, and Richard Penn, 
Esqrs; the three Surviving Sons of William Penn Esq; de- 
ceas'd, who in his Life-time was Proprietary of the Prov- 
ince of Pensilvania, and of the three Lower Counties called 
Newcastle, Kent, and Sussex, on Delaware, adjoining to the 
said Province of Pensilvania in America, Plaintiffs. 

Charles Calvert Esq; Lord Baltimore in the Kingdom of Ire- 
land, Defendant. 

FOR THE PLAINTIFFS. 

Bill filed 21 June, 1735, amended 18 December, 1736. 

That in America, there is a certain Peninsula, or Tract, 
shooting out from the main Continent Southwards, into the At- 
lantick Sea or Ocean, which Peninsula, or Tract, is bounded, 
on the West side, by the Great Bay of Chesopeak, and, on the 
East side, is bounded, on the lowermost, or most Southerly 
part thereof, by the Atlantick Sea or Ocean, and, more North- 
wards, the same Peninsula, or Tract, is bounded, on the East, 
by the Estuary of Delaware, and as the same Peninsula or 
Tract runs further Northwards, towards the main Continent, 
it is bounded, on the East, by the Great River of Delaware, which 
river of Delaware runs between the same Peninsula or Tract, 
lying on the West side thereof, and the Territory now called 
West New Jersey, but heretofore called sucessively New Belgia, 
New Netherlands, and New England, lying on the East part 
thereof. 

That the same Peninsula, or Tract, and the Parts nearly con- 
tiguous thereto, was first discovered by Captain John Smith, 
an Englishman, in or about the Year of our Lord 1606 ; who 
went on Shore, in some parts thereof, and gave or affixed Names 
to several Parts of the said Peninsula, or Tract and also, to 
several Places on that part of the main Continent which lay 
over against the same Peninsula, on the Western side of the 
said Bay of Chesopeak; and the said Captain Smith, after his 
Return from that Voyage, caused to be printed and published a 
Book, giving an Account of his Voyages and Discoveries, which 
said Book was printed in or about the Year of Our Lord 1624; 
and to such Book he annexed a Map, or plan, of the said 
1— Vol. XV. 



2 PENNSYLVANIA AND MARYLAND 

Peninsula and several adjacent Parts of what was then called 
by the general Name of Virginia; which Book is intitled, 
The General History of Virginia, New England, and the Sum- 
mer Isles, with the Names of the Adventurers, Planters and 
Governors, from their first beginning anno 1584, to this pres- 
ent 1624, with the Proceedings of those several Colonies and the 
Accidents that befell them in all their journies and Discoveries; 
also the Maps and Descriptions of all those Countries, their 
Commodities, People, Government, Customs and Religion yet 
known ; divided into six Books, by Captain John Smith, some- 
times Governor in those Countries, and Admiral of NewEng- 
land. London; Printed by J. D. and J. H. for Michael Sparks 
1024. And the same Book is a well known Book amongst 
Historians, Geographers, and Mathematicians ; and the said 
Book, and the Map of Virginia therein contained, are held in 
Estimation amongst learned Men, and are constantly reckoned 
and esteemed as the first, and earliest Account and Description 
and Map ever given of those Parts in and near to the said 
Peninsula by any Englishman whatsoever. And the said Map 
of Virginia contained the Degrees of Longitude and Latitude 
according to the best Observations and Discoveries then made. 

That on the Eastern side of the said Peninsula, or Tract, and 
also above the said Peninsula or Tract, within the main Land 
or Continent, and towards the Sea and the Estuary and River 
of Delaware, there was, of very early and ancient times (the be- 
ginning whereof is not known) a Settlement and Plantation, 
made and planted, and inhabited by Christians of the Sweedish 
Nation, and the same Settlement and Plantation was, after- 
wards, held and inhabited in the year 1609, and for many years 
then after, by Christians under the dominion of the States 
General of the United Provinces. 

And the said ancient Settlement of the Swedes, and afterwards 
of the Dutch, has, for a great many Years past, ever since the 
Year 1663, been in the Possession of the late James Duke of 
York, and of the Plaintiffs Father, and of the Plaintiffs, and 
is in the Possession of the Plaintiffs at this day. 

And the same Settlement has been, sometimes, called the Set- 
tlement on Delaware, sometimes by the only Name of Delaware, 
sometimes by the Name of the Province of Delaware, sometimes 
by the Name of the three lower Counties, sometimes by the Name 
of the three lower Counties of Newcastle, Kent, and Sussex, and 
sometimes by the Name of the Territories belonging to Pensil- 
vania, all which names did and do signify and mean the self- 
same Settlement and Plantation, heretofore seated and inhab- 
ited by the Swedes and Dutch as aforesaid. 

That, several Years after such Discovery was made as afore- 



BOUNDARY QUESTION. 3 

said by the said Captain John Smith, and some few Years after 
the said Captain Smith's said History and Map of Virginia had 
been printed and published in the Year 1624 as aforesaid, and 
at a time when, as the Plaintiffs expressly Charge, there was 
No other Map or Plan of the same Peninsula or Tract and the 
Parts adjacent thereto, done by any Englishman whatever, ex- 
tant, Nor any other History or Description of the same Penin- 
sula or Tract, and Parts adjacent, published, printed, known 
or used, than the said Captain Smith's said Book or History 
and Map only ; Cecilius, then Baron of Baltimore, in the King- 
dom of Ireland, did, in or about the Year of our Lord 1632, pe- 
tition his late Majesty K. Charles the First, praying Leave to 
transport a Colony of the English Nation unto a certain Country 
in the Parts of America, which he by his said Petition expressly 
and positively suggested was not then cultivated and planted, 
tho' in certain Parts thereof inhabited by certain barbarous 
People having no Knowledge of Almighty God; and besought 
his said Majesty to give and grant All such the said Country, 
with certain Privileges and Jurisdictions for the Government 
thereof, to him and his Heirs for ever. 

And, thereupon, his said late Majesty King Charles the First, 
by his Letters Patent, under the Great Seal of England, bear- 
ing Date at Westminster, on or about the 20th Day of June, 
which was in the 8th Year of his said late Majesty's Reign, and 
in the Year of our Lord 1632, expressly reciting the said petition 
and Prayer of the »aid Cecilius, for a grant of such a Country 
as herein before is described in the said Petition of the said Ce- 
cilius, did give and grant, unto the said Cecilius, in Fee, two 
several Tracts of Land, namely, one Tract which was part of 
the before-mentioned Peninsula, and one other Tract which was 
part of the Main Land, lying Westward of such Part of the said 
peninsula, and on the West-side of the said Bay of Chesopeak ; 
and the said Tracts of Land, so granted to the said Cecilius, 
were in and by the said Letters Patent severally and respectively 
described, butted and bounded as herein after mentioned, that 
is to say, The first of the said Tracts was described, and was 
granted to the said Cecilius, as all that part of a Peninsula, 
lying in the Parts of America, between the Ocean on the East, 
and the Bay of Chesopeak on the West, and divided from the 
other Part thereof by a right Line, drawn from the Proinon- 
tary or Head of Land called Watkin's Point, situate in the 
aforesaid Bay, near the River of Wighco, on the West, unto 
the Main Ocean on the East; And, Between that Bound on the 
South, as far Northward as that part of the Estuary of Dela- 
ware, which lies under the 40th Degree of Northern Latitude 
from the Equinoctial, where New-England ends ; And the sec- 



4 PENNSYLVANIA AND MARYLAND 

oncl of the said Tracts was described, and was granted to the 
said Cecilius, as all that Tract of Land, within the Bounds 
aforesaid ; namely, passing from the aforesaid Estuary called 
Delaware Bay, in a right Line, by the Degree aforesaid, as far 
as to the true Meridian of the first Fountain of the River 
Potowomack, and from thence trending or passing towards the 
South to the farther Bank of the said River, and following the 
West and South side thereof, unto a certain Place called Cin- 
quack, situate near the Mouth of the said River, where it falls 
into the aforesaid Bay of Chesopeak, and from thence, by the 
shortest Line, unto the aforesaid Promontory or Place called 
Watkin's Point; (so that all that Tract of Land, divided by 
the Line aforesaid drawn between the Main Ocean and Wat- 
kin's Point, unto the Promontory called Cape Charles, and all 
its Appurtenances, should remain entirely excepted to his said 
Majesty, his Heirs and Successors, for ever.) 

And, in and by the same Letters Patent, his said late Majesty 
did also Grant unto the said Cecilius, in Fee, all Islands and 
Islets, within the Limits aforesaid, and all and singular the Is- 
lands and Islets which were, or should be in the Ocean, within 10 
Leagues from the Eastern Shore of the said Country towards 
the East ; and his said Majesty did erect the said Lands, so 
granted, into a Province, by the Name of Maryland, as by the 
same recited Letters Patent, had the Plaintiffs the same to pro- 
duce, relation being thereunto had, would morp plainly appear. 

That the said Letters Patent, or Grant, so made to the said 
Cecilius as aforesaid, was so described, and the Tracts, which 
were thereby granted, were so bounded, by the help of the said 
Captain Smith's said Book and History or Map of Virginia, and 
no other ; and so all skilful Persons do own, acknowledge and be- 
lieve ; and which manifestly appears for that the same Map has 
all and every the Names of the several Places which are contained 
and mentioned in the said Letters Patent ; and No other Map 
or Maps whatsoever (English, or Foreign) which was extant in 
the said Year 1633, and at the time of granting the said Letters 
Patent (save only the said Smith's said Map of Virginia) hath, 
or have, the Names and Descriptions of the several Places men- 
tioned in the said Letters Patent, agreeable to those which are 
mentioned and used in the said recited Letters Patent. 

That, according to the express Bounds of the said recited Let- 
ters Patent, the Head, or most Northern part, of all the Lands, 
thereby granted to the said Cecilius, was to extend only so far 
as until it subjoined to such part of the Estuary of Delaware 
as lay under the 40th Degree of Northern Latitude; thereby ex- 
cluding every part of the Lands which did lie under the said 40th 
Degree, namely, such Land as did lie from the 39th Degree coin- 



BOUNDARY QUESTION. 5 

pleat, to the 40th Degree com pleat; all which Space, from the 
39th Degree compleat, to the 40th Degree compleat. the Plaintiffs 
do expressly charge, was and is at least 60 Geometrical Miles or 
Minutes, or 69 English Statute Miles, and did fully, clearly and 
plainly lie under the 40th Degree; and no part of what did lie 
under the 40th Degree was granted to the said Cecilius, but only 
as far as unto such part as did lie under the said 40th Degree. 

That it appears, by all and every the Land-Marks, Abuttals and 
other Descriptions comtained in the said recited Letters Patent ; 
that no part of the Lands which lay under the 40th Degree was, 
or could possibly be, intended to be granted to the said Cecilius, 
for that, the same Lands, so granted to him, were to extend no 
father Northwards than to such part of the Estuary of Dela- 
wave as lay under the 40th Degree ; whereas no part of the Es- 
tuary of Delaware, or at most a very small part (of 1 or 2 Miles 
at the utmost) did lie within, or under, the said 40th Degree of 
Northern Latitude. 

That the part of the said Peninsula, so granted to the said Cec- 
ilius, is expressly mentioned to be bounded, on the East part, by 
the Main Ocean, which agrees exactly with the other Descrip- 
tions in the said recited Letters Patent, and makes the 39th De- 
gree compleat to be the utmost Head or Northern Bound of the 
said part of a Peninsula, so granted to the said Cecilius ; in re- 
gard that the Main Ocean does, so far, (and so far only) bound the 
said Peninsula, on the East part ; and had his said late Majesty 
intended to grant Lands any higher, or further Northward, the 
Main Ocean alone was not a proper Description, or Abuttal, or 
Boundary, of such Lands higher than the 39th Degree compleat ; 
and which is yet further strengthened and confirmed, by the 
other Descriptions contained in the said recited Letters Patent ; 
in regard that the part of a Peninsula therein granted is to ex- 
tend Northwards so far only as to that part of the Estuary of 
Delaware, on the North, as lay under the 40th Degree of North- 
ern Latitude from the Equinoctial, where New England ended ; 
and the Plaintiffs expressly Charge that the great Tract of Land 
which, at the time of making the said recited Letters Patent, 
was generally called by the English, New England (and which 
is now divided into the several Provinces or Colonies of West 
New Jersey, East New Jersey, New York, Rhode Island, Provi- 
dence Plantations, Connecticut, Massachusets Bav, New Hamp- 
shire, and Province of Main) did and doth lie and extend East- 
wards of the said Peninsula before mentioned, and Eastwards 
of the said River of Delaware ; and the Point of the same great 
Tract of Land, so called by the English, New England, at the 
Place nearest unto the said Peninsula, did, according to the 
Knowledge, Observation and Learning of the time when tne said 



6 PENNSYLVANIA AND MARYLAND 

Letters Patent were granted, reach and extend, downwards or 
Southwards, quite to the Line of the 39th Degree compleat, or 
very nearly so, within 3 or 4 Miles thereof, at the utmont. 

That the first general Description in the said recited Letters 
Patent of the said first Tract of Land in the said Peninsula so 
granted to the said Cecilius, is a Grant of a part of a Peninsula; 
whereas, had the Bounds and Limits of that Tract granted ex- 
tended, or been meant to extend, to the 40th Degree compleat, 
no part of the said Peninsula did extend so far Northwards, as to 
the 40th Degree compleat, or that the Plaintiffs expressly Charge 
that the Line of the 40th Degree compleat, did and doth lie far 
above, or Northwards of every Part whatever of the said Pen- 
insula, and above or Northwards of the Isthmus which finishes 
and concludes the said Peninsula, and within the Main Country 
and Continent it self. 

That, at the time of making the before recited Letters Patent 
to the said Cecilius, one part of the said Peninsula, which lay 
on the Eastern side of the said Peninsula, towards the Sea and 
the Estuary of Delaware and the River of Delaware, and which 
said part lay (according to the knowledge of those times) more. 
Northward than the said 39th Degree compleat, and also, part 
of the Continent, at the Head or North part of the said Penin- 
sula, and Which is now called the three lower Counties of New- 
castle, Kent, and Sussex, was seated and inhabited by the Swedes 
and Dutch ; and his said late Majesty was not, at the time of 
the said recited Letters Patent to the said Cecilius, seized or 
possest thereof, so as to grant the same ; neither did his said 
late Majesty intend to grant the same ; nor did the said Cecilius 
petition, or ask, his said Majesty for the same, but only for a 
Country in the said Letters Patent afterwards described, which 
was not then cultivated and planted, though in certain Parts 
thereof Inhabited by certain Barbarous People, having no know- 
ledge of Almighty God. 

That, after the said Letters Patent and Grant were made to 
the said Cecilius as aforesaid ; he, or some of his Descendants, 
entered upon, and took possession of, the same Premises, so 
granted, and has continued possest thereof. 

And the said Swedes and Dutch, successively, possest and en- 
joyed, for many Years after the Date of the said Letters Patent 
to the said Cecilius, their said ancient Settlement on Delaware, 
above the 39th Degree compleat, and bounding Eastwards upon 
the Sea, and upon the Estuary of Delaware, and upon the River 
of Delaware. 

But, inasmuch as the said Swedish and Dutch Settlement, 
did not extend, Westwards, quite across the whole width of the 
said Peninsula to the said Bay of Chesopeak, and his said late 



BOUNDARY QUESTION. 7 

Majesty King Charles the First, or his successor, not having 
made any Grant of the said Country on the back of, or more 
Northwards than, the Tracts granted to the said Cecilius as 
aforesaid, for near 50 Years after the Bate of the said recited Let- 
ters Patent to the said Cecilius, unto any person or persons, who 
possessed and seated the same ; and the Lands (exclusive of those 
which were possest by the Swedes and Dutch as aforesaid) which 
lay Northwards of the Tracts granted by his said late Majesty 
to the said Cecilius as aforesaid, being possest by the Indian 
Natives in those parts, the Plaintiffs expressly charge, that 
the said Cecilius, Baron of Baltimore, and his Heirs and Dis- 
cendants did, in Deceit and Disherison of his Majesty, set down 
upon, and take possssion of, some Lands, on the Western side 
of the said Peninsula, above, and more Northward than, the 
39th Degree of Northern Latitude compleat, and also above, and 
more Northward than, the Bounds and Limits expressly con- 
tained in the said recited Letters Patent ; and for which seating 
down, or Possession, the Plaintiffs do expressly Charge that the 
said Cecilius, or any of his Heirs, or Descendants, had not the 
least shadow or pretence of legal Title, until a Title thereto 
was first made to a Descendant of the said Cecilius, by the 
Plaintiffs in manner as herein after mentioned. 

That the Dutch held the said Lands, now called the three 
Lower Counties (which lie on the Western-side of the River of 
Delaware) as appertaining and belonging to, and alway going 
along with, a larger or greater Settlement, upon a very large 
Tract of Land, part of what is generally called New-England, 
and particularly, on those Parts now called West-New- Jersey, 
and East-New-Jersey and New-York, on the Eastern side of 
Delaware, and that it was very convenient, and almost necess- 
ary, to those who enjoyed the greater Settlement, to have like- 
wise the Lands now called the three Lower Counties, in respect 
that, the said River Delaware runs up Northwards, into the 
Back or Heart of the Main Continent, and is navigable for a 
great many Scores of Miles from the Sea and is a dangerous 
and difficult Passage, more especially in the Winter when the 
Ice comes down the River ; and that the Ports and Havens, in 
passing up the said River Delaware, as well for Conveniency, 
as for Safety in times of Danger, do all lie on the said Western- 
side of the said River Delaware, which River is the only Key 
and Passage up to the Inland Country thereabouts. 

But in, or about the Year 1664, his late Majesty King Charles 
the Second, took from the said Dutch, the said great Settlement 
and Possession of the said Dutch, at New- York and New- Jersey 
on the Eastern-side of the said River of Delaware, together with 
the said Lands on the Western-side of the said River of Dela- 



8 PENNSYLVANIA AND MARYLAND 

ware and all other Lands appertaining to the said great Settle- 
ment ; and his said late Majesty King Charles the Second, being 
then (for the first time) seized in Right of his Crown, and pos- 
sest of the said several Settlements and ancient Possessions of the 
Swedes and Dutch, did, by his Letters Patent, under the Great 
Seal of England, bearing Date at Westminster on or about the 
12th Day of March, in the 16th Year of his Reign, and in the 
Year of Our Lord 1664, for divers good Causes and Considera- 
tions thereunto moving, of his especial Grace, certain Know- 
ledge and mere Motion, give and grant unto his dearest Brother 
James, then Duke of York, his Heirs and Assigns, all that part 
of the Main Land of New-England, beginning at a certain Place 
called or known by the Name of St. Croix, next adjoining to 
New-Scotland in America, and, from thence, extending, along 
the Sea Coast, unto a certain Place called Pemaquine or Peina- 
quind, and so, up the River thereof, to the furthest Head of the 
same, as it tendeth Northwards, and extending, from thence, 
to the River of Kinebequine, and to, upwards, by the shortest 
Course, to the River Canada Northward ; and also all that Is- 
land or Islands commonly callerl by the several Name or Names 
of Mattowacks for Long Island situate, lying and being towards 
the West of Cape Codd and the Narrohigansetts, abutting upon 
the Main Land between the two Rivers there, called oi" known 
by the several Names of Connecticut and Hudson's River, to- 
gether also with the said River, called Hudson's River, and all 
the Lands, from the West-side of Connecticut River, to the East- 
side of Delaware Bay, and also all those several Islands, called 
or known by the Names of Martin Vineyards, and Nantukes, 
otherwise, Nantuckett, together with all the Lands, Islands, 
Soils, Rivers, Harbours, Mines, Minerals, Quarries, Woods, 
Marshes, Waters, Lakes, Fishings, Hawking, Hunting and Fowl- 
ing, and all other Royalties, Profits, Commodities, and Heredi- 
taments, to the said several Islands, and Premisses, belonging 
and appertaining, with their and every of their Apurtenances, 
and all his said iate Majesty King Charles the Second's Right, 
Title, Interest, Benefit, Advantage, Claim and Demand, of, in 
or to the said Lands and Premisses, or any Part or Parcel there- 
of, and the Reversion and Reversions, Remainder and Remain- 
ders, together with the Yearly and other the Rents, Revenues, 
and Profits, of all and singular the said Premisses, and of every 
Part and Parcel thereof, to hold unto the said James, Duke 
of York, his Heirs and Assigns for ever, to be held as of the 
Manor of East-Greenwich, in the County of Kent; and his said 
late Majesty, in and by the said last recited Letters Patent, Gave 
and Granted unto the said James, Duke of York, in Fee, divers 
Powers of Government, over the said Country and Territory 



BOUNDARY QUESTION. 9 

thereby granted ; as in and by the said last recited Letters 
Patent under the Great Seal of England, or an Exemplification 
thereof, or the Inrollment thereof remaining of Record in this 
Honourable Court, relation being thereunto had, may fully 
and at large appear. 

That, by Virtue, of, and under the said last recited Grant 
and Letters Patent, so made to the said Duke of York, he the 
said Duke of York, by his Governors, Deputy Governors, and 
other Officers became, and was, really and actually, and also 
lawfully and rightfully, seized and possessed of and intitled to 
the said great Settlement of the Dutch, on that Tract since di- 
vided into arid called West and East New Jersey and New York, 
and also of the said small and ancient Settlement of the Swedes 
and Dutch in those Parts, now called the three lower Counties 
of Newcastle, Kent, and Sussex, upon Delaware, as belonging 
and appertaining to the said great Settlement, And the said 
James Duke of York by his Deputy-Governors, or other Officers, 
did and exercised all sorts of Acts of Ownership, Proprietorship 
and Government, whatsoever, within the said Tract now called 
the three lower Counties, for many Years together. 

And the said small Settlement, when in the Possession of the 
Dutch, and afterwards, when in the Possession of the said Duke 
of York, was always a Dependant upon and belonging and ap- 
pertaining to the said great Settlement, till Granted away by 
the said Duke of York. 

That after his said late Majesty, King Charles the Second, 
had made such Grant as aforesaid, to the said James Duke of 
York, a certain Treaty was concluded at Breda, in, or about 
the Year 1667, between his said late Majesty, King Charles the 
Second, and the States General whereby the said States General, 
ceded and yielded, to his said late Majesty, all Places whereof 
his said late Majesty had been in Possession on the 10th day of 
May, in the said Year 1667 ; as by the said Treaty, had the Plain- 
tiffs the same to produce, relation being thereunto had, might 
and would more fully appear. 

That in, or about the Year 1672, War was declared, between 
England and Holland, and thereafter, to wit, in, or about the 
Month of July 1673, the Dutch entered into, and upon their 
said former great Settlement, upon the Lands now called West 
and East New-Jersey and New-York, and likewise into and upon 
their said former smaller Settlement, upon the Lands now called 
the three lower Counties of Newcastle, Kent, and Sussex. 

But afterwards, to wit, in, or about the Month of February 
1673, a Treaty of Peace was concluded, between England and 
Holland, whereby all Countries which had been taken by each 
from the other, since the said last mentioned War which broke 



10 PENNSYLVANIA AND MARYLAND 

out in 1672, were agreed to be restored by each of the contracting 
Parties to the other, from whom the same had been taken, as 
by the said last mentioned Treaty, had the Plantiffs the same to 
produce, relation thereunto had, might and would more fully 
appear. 

That in a very short time after the concluding the said last 
mentioned Treaty of February 1673, his said late Majesty, King 
Charles the Second, and the said James Duke of York, sent over 
Colonel Edmund Andros, afterwards Sir Edmund Andros, 
Knight, or some other Person or Persons, with Authority 
to receive from the Dutch their said Settlements, herein before 
mentioned, and the Government thereof, and to continue in the 
Command thereof, under the said James Duke of York, as by 
such Commissions and Authorities, had the Plaintiffs the same 
to produce, relation being thereunto had, would and might 
more fully appear. 

That, immediately after the giving such Commissions and Au- 
thority to the said Colonel Andros he went over to those Parts, 
and took Possession of both the said great Settlement, and small, 
for and in behalf of tbe said James Duke of York, and contin- 
ued in Possession thereof, and under the Authority, and in the 
behalf of the said James Duke of York, did, for many Years 
together, Exercise all sorts of Acts of Ownership, Propriety, and 
Government, whatsoever, throughout the said great and small 
Settlements herein before mentioned, and particularly through- 
out the said small Settlement, upon the said Tracts now called 
the three lower Counties of Newcastle, Kent, and Sussex. As 
by the several Grants, Commissions, and other Acts and In- 
struments, made and executed by the said Colonel Andros, re- 
lation being thereunto had, may and will most manisfestly and 
notoriously appear. 

That in order to make to the said Duke of York a clear Title 
to the said Countries, which had been before granted to him 
in 1664, as aforesaid, and to prevent any Question touching the 
Validity of the same in respect of the Entry made thereon, or 
on some Part, thereof, by the Dutch in 1673, his said late Maj- 
esty, King Charles the Second, by his Letters Patent under the 
Great Seal of England, bearing Date at Westminster, on, or 
about the 29th Day of June, which was in the 26th Year of his 
Reign, and in the Year of our Lord 1674, did give and grant, 
unto the said James Duke of York, his Heirs, and Assigns, the 
same Territories which were granted by the said former Letters 
Patent, and in the same Words. 

And his said late Majesty King Charles the Second, did, in 
and by the said last Letters Patent, give and grant unto the 
said James Duke of York, in Fee, divers Powers of Government 



BOUNDARY QUESTION. 11 

over the said Country and Territory thereby granted ; as by the 
said last Letters Patent, under the Great Seal of England, or 
an Exemplification thereof, or the Enrollment of the same, re- 
maining as of Record in this Honourable Court, relation being 
thereunto had, doth and may appear. 

That the Plaintiffs late Father, on or about the 1st Day of 
June, in the Year of our Lord 1680, petitioned his said late 
Majesty King Charles the Second, in Consideration of Debts due 
to him or his Father from the Crown, to grant him Letters 
Patent, for a Tract of Land in America, lying North of Mary- 
land on the East bounded with Delaware River, on the West 
limited as Maryland, and Northward to extend as far as Plant- 
able. 

That on or about the 14th of June 1680, the Plaintiffs said 
late Father was called in, by the Lords of the Committee of his 
said late Majesty's Most Honourable Privy Council for the 
Affairs of Trade and the Plantations, to whose Consideration 
the said Petition had been referred, and being asked what ex- 
tent of Land he would be contented with Northerly? He de- 
clared himself satisfied with three Degrees, to the Northward. 

That the Agents for the said then Lord Baltimore, had Copies 
of the said Petition, and were heard upon any Objections they 
had to offer aginst the passing such a Grant as was prayed by 
the said Petition, and in relation to the Boundaries of Mary- 
land ; as by several Orders and Minutes in the Register Books 
of his Majesty's Privy Council, bearing Date respectively the 
14th of June, in the Year of our Lord 1680, the 25th of the said 
Month, in the said Year, and the 16th of December, in the said 
Year of our Lord 1680, relation being thereunto had, may more 
fully and at large appear. 

That pursuant to the Advice and Reports of the Lords of his 
said late Majesty's Most Honourable Privy Council, by Letters 
Patent, under the Great Seal of England, bearing Date at 
Westminster, on or about the 4th Day of March, which was in 
the 33d Year of the Reign of his late Majesty King Charles the 
Second and in the Year of our Lord 1680, his said late Majesty 
did, of his said Majesty's special Grace, certain Knowledge, 
and meer Motion, give and grant, unto William Penn Esq; the 
Plantiffs said late Father, his Heirs and Assigns, all that Tract, 
or Part of Land in America, with all the Islands therein con- 
tained, as the same was bounded, on the East, by Delaware 
River, from twelve Miles distance, Northwards of Newcastle 
Town, unto the three and fortieth Degree of Northern Latitude, 
if the said River did extend so far Northwards; but if the said 
River should not extend so far Northward, Then, by the said 
River so far as it did extend, and, from the head of the said 



12 PENNSYLVANIA AND MARYLAND 

River, the Eastern Bounds were to be determined by a Meridian 
Line, to be drawn from the head of the said River unto the three 
and fortieth Degree ; the said Lands to extend Westwards, 
five Degrees in Longitude, to be computed from the said Eastern 
Bounds ; and the said Lands to be bounded, on the North, by the 
beginning of the forty-third Degree of Northern Latitude, and, 
on the South, by a Circle, drawn at twelve Miles distance from 
Newcastle, Northwards and Westwards, unto the beginning of 
the fortieth degree of Northern Latitude; and, then, by a 
streight Line, Westwards, to the Limit of Longitude there- 
above mentioned ; and also the free and undisturbed Use and 
Continuance in, and Passage into and out, of, all and singular 
Ports, Harbours, Bays, Waters, Rivers, Isles, and Inletts be- 
longing unto, or leading to and from, the Country or Islands 
aforesaid; and all the Soil, Lands, Fields, Woods, Underwoods, 
Mountains, Hills, Fens, Isles, Lakes, Rivers, Waters, Rivulets, 
Bays and Inletts, situate or being within, or belonging unto, 
the Limits and Bounds aforesaid ; with all and singular the 
Appurtenances, and divers Powers of Government : To hold 
unto the said William Penn, his Heirs, and Assigns for ever. 

And, by the same Letters Patent, the said Country was erected 
into a Province, and called Pensilvania, as in and by the said 
last recited Letters Patent, under the Great Seal of England, 
relation being thereunto had, may more fully appear. 

That although the said Province of Pensilvania did lie en- 
tirely on the West side of Delaware River, yet, in respect of 
the said Lands called the three Lower Counties, and in respect 
of other Lands also, which were enjoyed by the said Duke of 
York, as belonging to the said great Settlement on the East 
side of thesaid River, before the said Letters Patent to the plain- 
tiffs said Father, passed the Great Seal, the Lords of his late 
Majesty's Privy Council, thought the Consent of the said Duke 
of York necessary; and, accordingly, the said Duke of York's 
Assent to the said Grant thereof was had and given, to the Right 
Honourable the Lords of the Committee of Plantations, or be- 
fore a Committee of the Privy Council of his said late Majesty 
King Charles the Second. 

And, not only so, but, by Indenture, under the Hand and Seal 
of the said James Duke of York bearing Date on or about the 
21st Day of August, which was in the Year of our Lord 1682, 
and made or mentioned to be made, between the said James 
Duke of York of the one Part, and the said William Penn the 
Plaintiffs said late Father of the other Part, reciting that the 
said Duke of York had in manner aforesaid, signified his Assent 
to the making of the said Grant of Pensilvania to the Plain- 
tiffs said late Father, before the same had passed the Great 



BOUNDARY QUESTION. 13 

Seal, and that the said Duke was willing and pleased to con- 
firm, and make any further Assurance of, the said Tract of 
Land and Premisses, unto the said William Penn, and his Heirs, 
the said Duke, out of a special Regard to the Memory, and many 
faithful and eminent Services theretofore performed by the said 
Sir William Penn. to his said Majesty, and to the said Duke and 
for the better encouraging the said William Penn, to proceed 
in the Cultivating and Improving of the said Tract of Ground 
and Islands thereinand thereunto, belonging, and reducing the 
Savage and Barbarous Natives thereof to Civility, and for the 
Good will which the said Duke had and bore to the said William 
Penn, and for other good Causes and Considerations, the said 
Duke, did, in and by the said last mentioned Indenture, remise, 
release, and for ever quit Claim unto the said William Penn, 
his Heirs, and Assigns, all the Estate, Right, Title, Interest, 
Rents, Services, Duties, Payments, Property, Claim and De- 
mand, whatsoever, of the said Duke, of into or out of the same, 
to hold unto the said William Penn, his Heirs, and assigns for 
ever, as by the said recited Indenture, relation being thereunto 
had, may more fully appear. 

That, as the said Province of Pensilvania, lies North of the' 
said Province of Maryland, so, by the said last recited Letters 
Patent for Pensilvania, the General Bounds of the said Province 
of Pensilvania, on the South Part, are expressly said to be the be- 
ginning of the fortieth Degree of Northern Latitude (with an 
Exception, at one Corner, of the Circle at twelve Miles Distance 
from Newcastle) so that, as by the said first recited Letters 
Patent the Northern Bounds of Maryland were to extend North- 
wards as far as to the fortieth Degree, this second Grant, con- 
taining the Province of Pensilvania, is, by his said Majesty's 
said last recited Letters Patent, made to commence from the 
beginning of the said fortieth Degree, and to run, Northwards, 
three Degrees (pursuant to the said Declaration of the Plaintiffs 
late Father) up to the beginning of the forty-third Degree. 

That, very soon after the said Grant was made by the said late 
King Charles the Second, and by the said Duke of York, of the 
said Province of Pensilvania, unto the Plaintiffs said late 
Father, as aforesaid, the said James Duke of York, by his Inden- 
ture of Feoff ment, under his Hand and Seal (afterwards duly and 
most solemnly executed with Livery and Seisin) bearing Date 
on or about the 24th Day of August, in the Year of our Lord 1682, 
and made between the said James Duke of York of the one Part, 
and the said William Penn of the other Part, did, out of a spe- 
cial regard to the Memory, and many faithful and eminent Ser- 
vices thentofore performed by the Father of the said William 



14 PENNSYLVANIA AND MARYLAND 

Perm to the said King Charles the Second, and to the said Duke 
of York, and for other good Causes and Considerations therein 
mentioned. Bargain, Sell, Enfeoff and Confirm, to the said Wil- 
liam Penn, his Heirs, and Assigns, for ever, all that the Town 
of Newcastle, otherwise called Delaware, and the Tract of Land 
lying within the Compass or Circle of twelve Miles about the 
same situate, lying, and being upon the River Delaware in 
America, and all Islands in the said River Delaware, and the said 
River and Soil thereof, lying North of the Southermost part of 
the said Circle of twelve Miles about the said Town together with 
all Rents, Services, Royalties, Franchises, Duties, Jurisdictions, 
Liberties, and Privileges thereunto belonging, and all his Es- 
tate, Right, Title, Interest, Powers, Property, Claim and De- 
mand, whatsoever, therein and thereto, to hold unto the said 
William Penn, his Heirs, and Assigns for ever. • 

And the said James Duke of York, by his other Indenture 
of feoffment, under his Hand and Seal (afterwards duly and 
most solemnly executed with Livery and Seisin) also bearing 
Date the same 24th day of August 1682, and made between the 
said James Duke of York of the one Part, and the said William 
Penn of the other Part, for the like Considerations as were men- 
tioned in the said before recited Indenture of Feoffment, did 
Bargain, Sell, Enfeoff and Confirm, unto the said William Penn, 
his Heirs and Assigns for ever, all that Tract of Land upon 
Delaware River and Bay, beginning 12 Miles South from the 
Town of Newcastle, otherwise called Delaware, and extending, 
South, to the Whore-Kills, otherwise called Cape Hinlopen, 
together with free and undisturbed Use and Passage into and 
out of all Harbours, Bays, Waters, Rivers, Isles and Inletts, be- 
longing or leading to the same, together with the Soil, Fields, 
Woods, Underwoods, Mountains, Hills, Fens, Isles, Lakes, 
Rivers, Rivulets, Bays and Inletts, situate in, or belonging unto, 
the Limits and Bounds therein before mentioned, together with 
all sorts of Minerals, and all the Estate, Interest, Royalties, 
Franchises, Powers, Privileges, and Immunities, whatsoever, 
of the said Duke of York, therein or thereto : To hold unto 
the said William Penn, his Heirs and Assigns for ever. 

And the said Duke of York did, in and by each of the said 
several and respective Indentures of Feoffment, Covenant, for 
himself, his Heirs and Assigns, to and with the said William 
Penn, his Heirs and Assigns, to make, or cause, or procure to 
be made, all such further Acts, Conveyances, and Assurances 
of the Premises therein respectively conveyed to the said Wil- 
liam Penn and his Heirs, as by the Council of the said William 
Penn and his Heirs, or Assigns should be devised, advised or 
required. 



BOUNDARY QUESTION. 15 

And the said Duke of York did, further, in and by each of 
the same respective Indentures of Feoffment, make, and con- 
stitute and appoint two Persons, namely, John Moll Esq; and 
Ephraim Harman, Gent,, jointly and either of them, severally, 
his Attorneys, to enter into the Premises by the same respective 
Indentures of Feoffment conveyed, and take Possession and 
Seisin thereof, and the same to deliver to, and leave in, the Pos- 
session of the said William Penn, his Heirs and Attorneys, as 
in and by the said several and respective Indentures of Feoff- 
ment, relation being unto them severally and respectively had, 
may more fully appear. 

That on or about the 28th Day of October 1682, the Plaintiffs 
said late Father, the said William Penn, either in his proper 
Person, or by his Attorney, did demand, and the said John 
Moll, one of the said Duke's Attorneys, did, with great form 
and solemnity, deliver, and leave the said William Penn in the 
quiet and peaceable Possession and Seisin of the Premises con- 
tained in both the said respective Indentures of Feoffment, pur- 
suant to the Power and Authority given by the same respective 
Indentures of Feoffment, by delivery to the said William Penn 
of the Fort at Newcastle, and of Turf and Twig, and Water and 
Soil of the River Delaware; and, not only so, but the few Ten- 
ants, then being thereon, did attourn, and submit and promise 
to obey the said William Penn, and to live quietly under his 
Government. 

And, moreover, in a very few days after such Possession and 
Seisin delivered, to wit, some time in the Month of November 
1682, the said Duke of York's Commander in Chief and Council, 
established at New York by a Proclamation or Declaration, re- 
citing the said Grants made by the said Duke of York, by the 
said Feoffments to the said William Penn, and setting forth, 
that the said Governor and Council were fully satisfied of the 
Right of the said William Penn, they therefore made a Declara- 
tion of the same, to prevent any doubt or trouble, and to give 
the Justices of Peace, Magistrates and other Officers within those 
Tracts, thanks for their good Services done in their several Offi- 
ces and Stations during the time they had remained under his 
Royal Highness his Government, (meaning the Government of 
the said Tames Duke of York.) And further declaring, that 
the said Governor and Council expected no further Account 
than that they, the said Justices of the Peace, Magistrates and 
other Officers, should readily submit and yield all due Obedi- 
ence and Conformity to the powers granted to the said William 
Penn. 

Which said Proclamation or Declaration was addressed or 
directed to the several Justices of the Peace, Magistrates and 



16 PENNSYLVANIA AND MARYLAND 

other Officers at Newcastle, St. Jones Deale, alias Whore-Kill, 
at Delaware, or within any of the Bounds and Limits mentioned 
in the said recited Indentures of Feoffment to the said William 
Penn ; as by the said Proclamation or Declaration, or an au- 
thentick Copy thereof, relation being thereunto had, may more 
plainly and fully appear. 

And the Plaintiffs expressly Charge that the Lands, comprized 
and included within the said two respective Indentures of Feoff- 
ment, are those Lands which are now called by the Name of 
the three lower Counties of Newcastle, Kent, and Sussex. 

And that the said William Penn entered into the peaceable 
Possession of the said Province of Pensilvania in the Month of 
June 1681. 

And into the peaceable Possession of all the three lower 
Counties in the Month of October ; or at furthest in the Month 
of November in the Year 1682. 

And that the said William Penn, and those claiming under 
him now are, and from the time of such the respective Entries 
of the said William Penn as aforesaid, have constantly and con- 
tinually, and without any the lea,st Intermission, been in the 
Possession of the same, respectively, from those respective times, 
unto this Hour. 

And that the said William Penn, at his own very great Ex- 
pence, and without one Shilling Charge to, or Assistance from, 
either the Crown of the Publick, did People and settle the said 
Province of Pensilvania, and also the said three lower Counties. 

And that the same do, at this time, together, make by far the 
most flourishing and populous Province and Colony in Amer- 
ica, for the Age of the same. 

And that the Number of Inhabitants, now within the said 
three lower Counties only, (exclusive of a far greater Number 
of Souls within the said Province of Pensilvania, properly so 
called,) is at least 40,000 Souls. 

That the said Duke of York having, by each of his said In- 
dentures of Feoffment of the 24th of August 1682, covenanted 
with the Plaintiffs Father, to make and procure further As- 
surance of the Premises contained within the said recited In- 
dentures of Feoffment as aforesaid, he the said Duke of York 
did, in pursuance and part of Performance of his said Coven- 
ants, very shortly after the Date of the said Feoffments make 
his Application to the said King Charles the Second, for a more 
particular and express Grant, under the Great Seal of England, 
of the said three loAver Counties, or of the Lands contained in 
the said Feoffments and since called the three lower Counties, 
and did procure and obtain the same. 

And his said late Majesty King Charles the Second, by his 



BOUNDARY QUESTION. 17 

Letters Patent, under the Great Seal of England, bearing Date 
at Westminster, on or about the 22d Day of March, which was 
in the 35th Year of his Reign, and in the said Year of our Lord 
1682 (which was not quite seven Calender Months after the Date 
of the said Duke's said Feoffments) did give and grant unto 
the said James Duke of York, his Heirs and Assigns, all that 
the Town of Newcastle, otherwise called Delaware, and Fort 
therein, or thereunto belonging, situate, lying, and being 
between Maryland and New Jersey in America. And all that 
Tract of Land lying: within the Compass or Circle of 12 Miles 
about the said Town, situate, lying and being upon the River 
of Delaware, and all Islands in the said River of Delaware, and 
the said River, and Soil thereof, lying North of the Souther- 
most pai't of the said Circle of 12 Miles about the said Town. 
And all that Tract of Land, upon Delaware River and Bay, be- 
ginning 12 Miles South from the said Town of Newcastle, other- 
wise called Delaware, and extending, South, to Cape Lopin, 
together with all the Lands, Islands, Soil, Rivers, Harbours, 
Mines, Minerals, Quarries, Woods, Marshes, Waters, Lakes, 
Fishings, Hawkings, Huntings and Fowlings, and all other 
Royalties, Privileges, Profits, Commodities, and Hereditaments 
to the said Town, Fort, Tracts of Lands, Islands, and Premises' 
or to any or either of them belonging or appertaining, with 
their and every of their Appurtenances, situate, lying and being 
in America. And all his said late Majesty's Estate, Right, 
Title, Interest, Benefit, Advantage, Claim and Demand, what- 
soever, of, in, or to the said Town/ Fort, Lands, and Premises, 
or any Part or Parcel thereof, and the Reversion and Rever- 
sions, Remainder and Remainders thereof, together, with the 
Yearly and other Rents, Revenues, and Profits of the Premises, 
and of every Part and Parcel thereof, to hold unto the said 
James Duke of York, his Heirs and Assigns for ever, to be held 
as of the Manor of East Greenwich in the County of Kent, with 
full and absolute Powers and Authorities therein contained, to 
the said Duke of York and his Heirs, Deputies, Agents, Com- 
missioners and Assigns, Power and Authority of Government 
and Command, over all such Persons as should Adventure 
into any the Places aforesaid, or that should at any time 
thereafter inhabit within the same. 

And, immediately after the said last recited Letters Patent 
had passed the Great Seal, the said Duke of York, who was no 
other than a Trustee for the said William Penn therein, and 
had obtained them in pursuance of his Covenant for further 
Assurance, did deliver over the same Original last cecited Let- 
ters Patent under the Great Seal to the Plaintiffs Father, and 
2— Vol. XV. 



18 PENNSYLVANIA AND MARYLAND 

the same is now in the Custody and Possession of the Plaintiffs 
ready to be produced to this Honourable Court, as by the said 
last recited Letters Patent, under the Great Seal of England, 
so in the Plaintiffs Custody, relation, being thereunto had, may 
more fully appear. 

That after the said last recited Letters Patent had passed the 
Great Seal, and had been delivered over to the Plaintiffs Father 
as aforesaid, the said Duke of York, in further pursuance of 
his said Covenants with the Plaintiffs said Father did sollicite 
from the said King Charles the Second, a yet further, and more 
beneficial, Grant of the Lands now called the three lower 
Counties, and of the Appurtenances thereto ; and such further 
Grant was preparing, in order to pass the Great Seal, but was 
stopt, for some time, upon a Petition presented to his said late 
Majesty King Charles the Second in Council by Richard Burk, 
calling himself Servant to the then Lord Baltimore, (which 
said then Lord Baltimore the Plaintiffs Charge was either Son, 
or Grandson, of, and Heir at Law to the said Cecilius.) 

And such last mentioned Petition, in behalf of the said then 
Lord Baltimore, having been presented to his said Majesty, 
was referred by his said Majesty's Order in Council bearing 
Date on or about the Day of May 1688, to the Consider- 

ation of the then Committee of Trade and Foreign Plantations 
(which Committee the Plaintiffs Charge did, then, consist of 
Lords of his said Majesty's Most Hnourable Privy Council.) 

And, before the said Committee the said Richard Burk, and 
the said then Lord Baltimore himself, and their Council Learned 
in the Law, and also the Plaintiffs Father, and his Council 
Learned in the Law, were many and divers times heard, for 
near two Years and an half together. 

And a very long Suit and Trial Were had thereon, between 
the Plaintiffs said Father, and the said then Lord Baltimore, 
touching the Right and Title to the said Land and Soil of the 
said three lower Counties, as may appear by the Register Books 
and Proceedings of the said Committee of Council, or Commit- 
tee of Trade and Foreign Plantations. 

And, in the Prosecution of the said Suit, it is, from time to 
time, continually taken notice, and expressly mentioned, in the 
Minutes or several Orders made by the said Committee thereon, 
that the Dispute and Difference was a Dispute between the said 
then Lord Baltimore and the Plaintiffs said Father, although 
the Plaintiffs said Father did, some, times, make use of the said 
Duke of York's Name therein, as holding under the Grants, 
and Covenants for further Assurance, of the said Duke of York, 
and altho' the said Duke himself, did, by his Council and other 
Agents, sometimes, assist and interpose in the said Suit. 



BOUNDARY QUESTION. 19 

And which the Plaintiffs humbly rely on as a further most 
express, and manifest, Declaration, on the part of the said Duke, 
that the said Grant of the said three lower Counties, which he 
had obtained from the Crown after his said Feoffment to the 
Plaintiffs said Father, and also the further Grant which he was 
then soliciting to obtain, were in Trust for, and for the Benefit 
of, the Plaintiffs said Father, and not for the Benefit or Ad- 
vantage of the said Duke of York. 

And the Plaintiffs do expressly Charge that several of the 
Minutes, Orders, and Reports, made by the said Committee of 
Council, upon and during the Continuance, of the said Dispute, 
were of the several and respective Dates for that purpose herein 
after mentioned and set forth, and so the same now appear upon 
the Register Books of the said Committee for Trade and Foreign 
Plantations, that is to say, the 17th and 27th of April, the 30th 
of May, the 12th of June and the 12th of February, 1683, the 2d, 
16th, and 23d of July, the 30th of September, the 9th of Decem- 
ber, and the 17th of March 1684, the 18th and 26th of August, 
the 2d of September, the 8th, 17th and, 31st of October, and 
the 7th of November 1685. 

And the final order of Council, made thereon, upon the 13th 
Day of November 1685, was in the following Words, that is to 
say: 

At the Court at Whitehall, the 13th Day of November 1685, 
present the King's most Excellent Majesty, his Royal Highness 
Prince George of Denmark, Lord Archbishop of Canterbury, 
Lord Chancellor, Lord Treasurer, Lord Privy Seal, Duke of 
OrmondjDuke of Beaufort, Duke of Queensberry, Lord Chamber- 
lain, Earl of Huntingdon, Earl of Bridgewater, Earl of Peter- 
borough, Earl of Sunderland, Earl of Craven, Earl of Berkeley, 
Earl of Nottingham, Earl of Plymouth, Earl of Murray, Earl of 
Middleton, Lord Viscount Fauconberge, Lord Viscount Preston, 
Lord Viscount Melfort, Lord Bishop of London, Lord Dart- 
mouth, Lord Gadolphin, Mr. Chancellor of the Exchequer. — The 
following Report from the Right Honourable the Lords of the 
Committee for Trade and Foreign Plantations, being this Day- 
read at the Board. The Lords of the Committee for Trade and 

Plantations having pursuant to his late Majesty's Order in 
Council of the 31st of May 1683, examined the Matters in Differ- 
ence, between the Lord Baltimore, and William Penn Esq ; in 
behalf of his present Majesty concerning a Tract of Land in 
America, commonly called Delaware, Their Lordships find 
that the Land intended to be granted by the Lord Baltimore's 
Patent was only Land uncultivated and inhabited by Savages ; 
and that this Tract of Land, now in Dispute, was inhabited and 
planted by Christians at and before the Date of the Lord Balti- 



20 PENNSYLVANIA AND MARYLAND 

more's Patent, as it hath been ever since, to this time, and con- 
tinued as a Distinct Colony from that of Maryland, so that 
their Lordships humbly Offer their Opinion that, for avoid- 
ing further Differences, the Tract of Land, lying between the 
River and the Eastern Sea on the one side, and Chesopeak 
Bay on the other, be divided, into equal Parts, by a Line, from 
the Latitude of Cape Hinlopen, to the 40th Degree of North- 
ern Latitude, and that one half thereof, lying towards the Bay 
of Delaware, and the Eastern Sea, be adjudged to belong to his 
Majesty, and that the other half remain to the Lord Balti- 
more, as comprized within his Charter. — Council Chamber, 
7th November 1685. His Majesty, well approving of the said Re- 
port, it was thereupon Ordered, by his Majesty in Council, that 
the said Lands be forthwith divided, accordingly. — Whereof 
the said Lord Baltimore, and William Penn Esq ; together 
with their respective Officers, and all others whom it may 
concern are to take notice, and give due and ready Obedience 
thereunto. 

As by the said several and respective Minutes, Report and 
Orders, or the Register Books of his Majesty's Privy Council, 
and of the said Committee of Trade and Plantations, relation 
being thereunto respectively had, may more fully and at large 
appear. 

That during the said Contest in the Years 1683, 1684, and 1685, 
the said then Lord Baltimore, upon the 8th of October 1685, pro- 
duced to the then Committee of Trade and Plantations an un- 
authentick blank Paper, not signed or sealed at all, but drawn 
up in the Form of the Draught of a Report and Order of the 
Committee of Foreign Plantations, and supposed to be made on 
the 4th of April 1638, touching Differences between some Lord 
Baltimore and one Mr. Clayborne, about the Isle of Kent, in 
order to shew that former Board's Opinion touching the Lord 
Baltimore's Right to the Isle of Kent; and the said then Com- 
mittee of Trade and Plantations, in 1685 put off the Matter, 
and gave the said Lord Baltimore time to procure an attested 
Copy of such pretended Report or Order in 1638, which the said 
Lord Baltimore undertook to procure. 

But nine Days after, the said Lord Baltimore declared, in 
Person, to the said Committee of Trade and Plantations, 
namely on the 17th of October 1685, that he could not find the 
Original, whereby an attested Copy might be procured. 

Neither, as the Plaintiffs Charge, was there ever any such 
Order. 

That, before the time the said last mentioned Order of Council 
of November 1685, was made, the Plaintiffs Father had not made 
any very large or very expensive Improvements on the said three 



BOUNDARY QUESTION. 21 

lower Counties, but, after the same Order was made, the Plain- 
tiffs Father, conceiving that by the same Order the Matter of the 
said then Lord Baltimore's ill-grounded Claim or Pretence was 
finally concluded and at an end, did, at a prodigious Expence, 
of vast Sums of Money, which were raised by Mortgage and Sale 
of his Family Estate in the Kingdoms of England and Ireland, 
and by great Sums of Money which he borrowed, even upon 
Mortgage of the Lands in America so granted to him as afore- 
said, and by purchasing the Lands from the Indian Natives and 
Owners, and by repeated and continual presents, to, and Treaties 
with, the Indians, and by great and continual Pains, Labour 
and Industry, and by many repeated Toils and Hazards of his 
Life, in Voyages to Pensilvania, and the three lower Counties, 
and back again, and otherwise, very greatly distress and ruin 
his Family and Estate, but did, as greatly, settle, cultivate and 
people the said Lands, so granted to him as aforesaid, and more 
particularly the said three lower Counties. 

So that, at this time, most part, if not all of the Lands in 
the said three lower Counties are taken up and cleared, and 
many thousands of beautiful Plantations are made therein, 
and also many Towns, Villages, Churches, Meetings, Court- 
Houses, Assembly-Houses, Forts, Harbours, Piers, Dwelling 
Houses and other publick and private Structures, Buildings, 
Edifices and Improvements, are built and made therein. 

That the Swedes and Dutch, who anciently were in those 
Parts now called the three lower Counties, had, during the 
time of their several and respective Possessions, made divers 
considerable Purchases of great Tracts of Lands, within what 
are now called the said three lower Counties, from the Indian 
Natives, Owners and Possessors of such Lands, for valuable 
Considerations, and the right in and to such Indian Purchases 
passed to and was well and legally vested in, the Plaintiffs said 
Father in Fee. 

And, not only so, but the Plaintiffs said Father, himself, 
after the said beforementioned Grants made to and in Trust for 
him as aforesaid, did, for valuable Considerations, purchase of 
the Indian Natives and Owners of the Lands comprized within 
the Limits of the said three lower Counties, and from their 
Kings and Sachems, all those Lands from Quing Quingus, 
called Duck Creek, unto Up-land, called Chester Creek, laying 
all along by the side of Delaware River, and so, between the 
said Creeks backwards as far as a Man can ride with a Horse in 
two days; and accordingly, by deed or deeds, duly executed, the 
said Indians, and their Heads and Sachems, did convey to the 
Plaintiffs said Father, his Heirs and Assigns, all the same 
Lands last mentioned, as by the said deeds and Conveyances, 



22 PENNSYLVANIA AND MARYLAND 

had the Plaintiffs the saine at present in this Kingdom to pro- 
duce, relation being thereunto had, might and would more 
fully appear. 

And the Plaintiffs expressly Charge, that the same last men- 
tioned Lands, comprized in the said last mentioned Deeds or 
Conveyances to their Father from the Indians, do, of them- 
selves, make up at least three fourth Parts of all the Lands 
within the said three lower Counties, besides that the other 
Parts of the same three lower Counties have been, heretofore, 
purchased by the said Swedes and Dutch, and by the Plaintiffs, 
and those under whom they Claim. 

That from the said Month of Nov. 1685, unto the Month of 
Jan. 1708, which was above 23 Years, the said Lord Baltimore, 
who had had so many Hearings in the Years 1683, 1684 and 1685, 
and at last such a full and final determination made against his 
ill-grounded Pretensions in the Year 1685 as 'aforesaid, suffered 
the Plaintiffs Father to go on peaceably and quietly, without 
the least Claim or Interruption whatsoever, to make such Pur- 
chases, and to people^ settle, clear, cultivate, improve, and 
govern the said three lower Counties as aforesaid, in which 
said 23 Years the greatest part of the Expence of the Plaintiffs 
Father was laid out, during the Infancy and first peopling and 
clearing of the said Province or Colony. 

But in the Month of Jan. 1708, the very same Charles Lord 
Baltimore, who by himself, and his Agents and Council had had 
so many Hearings allowed him in the Years 1683, 1684, and 1685 as 
aforesaid, presented a Petition to her late Majesty Queen Anne, 
and, after having mentioned the Name of the Plaintiffs Father, 
he the said Lord Baltimore did expressly suggest, and pray, by 
his said Petition to her said Majesty in Jan. 1708, amongst 
other things, in the Words following, that is to say, "That on 
"the 7th of Nov. 1685 the said Pehn, falsly suggesting that 
"yonr Petitioner by his Grant from your Royal Grandfather 
"was to have no Land but what was cultivated by Savages 
" (though the said Suggestion was directly contrary to the 
"Words and Intent of your Petitioner's Grant) obtained an 
" Order of Council for dividing an Isthmus of Land lying be- 
" tween the River and Bay of Delaware and the Eastern Sea on 
"the one side, and the Chesopeake Bay on the other side, and 
"thereby has endeavoured without your Petitioners being 
"ever heard to or having Notices of such Order, to deprive 
"your Petitioner of his Inheritance granted to him by the 
"Bounty of your Royal Grandfather, your Petitioner therefore 
"most humbly prays that the said Order, thus surreptitiously 
"gotten, may be set aside." 

That the said Petition of the said Charles Lord Baltimore in 



BOUNDARY QUESTION. 23 

January 1708, being on the, 9th of the same January 1708, 
referred by her said late Majesty Queen Anne, to the Con- 
sideration of the then Lords Commissioners for Trade and 
Plantations the Plaintiffs Father the said William Penn 
upon the 27th of the same January 1708 presented his Petition 
to her said late Majesty representing that the Matters in differ- 
ence had, upon the Lord Baltimore's own Petition and Request, 
been examined before the then Lords Committee for Trade and 
Plantations, at that time consisting of the whole Privy Council, 
in the Years 1684 and 1685; who, after several Hearings of the 
Lord Baltimore and the said William Penn, and of their re- 
spective Council and Advocates and long Deliberations had of 
the Allegations and Proofs produced before them had reported 
their Opinions thereon and how the Boundaries should be set- 
tled ; which .Report had in the Month of November 1685, been 
approved of and confirmed by an Order of the King in Council ; 
and that the said William Penn not doubting but that the Lord 
Baltimore would acquiesce under the Royal Determination 
which himself had desired the said William Penn and his 
Tenants, had ever since, improved the disputed Lands which 
were allotted to the said William Penn, but, to his great Sur- 
prize, after 23 Years quiet Possession under that Sentence the 
Lord Baltimore had petitioned the Queen to set aside the King's 
Order in Council, which was intended to be final; and the said 
William Penn, for the Reasons in such his Petition contained, 
prayed her said late Majesty not to countenance an attempt so 
injurious to Property and the Rights of her Subjects, but to 
order the Lord Baltimore's Petition to be dismissed. 

That her said late Majesty, by her Order in Council of the 
27th Day of January 1708, was pleased to order, and did order, 
that the said Petition of the said Lord should be and was 
thereby dismissed, and that the Lords Commissioners for Trade 
and Plantations, to whom that. Petition was by an Order of the 
9th then Instant referred, should not proceed to examine into 
the Allegations thereof as by the same Order was directed. 

That the said Charles Lord Baltimore, not yet resting satis- 
fied, He, on the 19th of May 1709, presented another Petition 
to her said late Majesty, again expressly asserting that the said 
Order of Council of the 7th of November 1685, had been obtained 
by false Suggestions of the said William Penn, and without the 
said Charles Lord Baltimore being ever heard by himself or 
Council ; and the said Charles Lord Baltimore, in his said 
Petition of May 1709, took notice of the Allegation in the Peti- 
tion of the said William Penn of January 1708, that the said 
Order of Council had been obtained after several Hearings, 
of the said ,Lord Baltimore and his Council, but, in Answer 



34 PENNSYLVANIA AND MARYLAND 

and direct Contradiction thereto, the said Lord Baltimore as- 
serted that he could fully prove that he had no Notice of the said 
Order. 

That her said late Majesty by her Order in Council of the 
said 19th of May 1709, was pleased to order that the matter of 
the said last mentioned Petition should be heard before her 
Majesty in Council, in June then next, whereof ail Parties con- 
cerned were to take Notice and come prepared to be heard with 
their Council learned at that time, accordingly. 

That the said Charles Lord Baltimore and the Plaintiffs 
Father were accorlingly heard, before her said late Majesty in 
Council,and thereupon, by her said late Majesty's Order in Coun- 
cil, of the 23d of June 1709, reciting the said Lord Baltimore's last 
mentioned Petition and Allegation that the said Order of 1685, 
had been obtained by the false Suggestions of the said William 
Penn, and without the said Lord Baltimore's having been 
heard thereupon, and that both Parties had, pursuant to her 
said Majesty's Order, that Day attended, and been fully heard 
with their Council learned, and that it had appeared, by au- 
thentick Copies of Proceedings at that Board, that as well the 
then Petitioner the said Charles Lord Baltimore, as the said 
William Penn, had been divers times heard, before the making 
of the said Order, her said late Majesty, with the Advice of her 
Privy Council, was pleased to order that the said Lord Balti- 
more's Petition should be dismissed that Board. And that the 
above-mentioned Order of Council of the 13th of November 1685, 
should be ratified and confirmed in all its Points, and be put 
in Execution, without any further delay ; as by the said several 
and respective Petitions and Orders in January 1708, and in 
May and June 1709, relation being thereunto respectively had, 
may more fully appear. 

That the matter being again fully and finally settled and ad- 
justed as aforesaid by the said Order of June 1709, the Plain- 
tiffs Father remained in quiet and peaceable possession of the 
said three Lower Counties, ever after during all the remainder 
of his Life. 

And the said William Penn, on or about the 30th Day of July 
in the Year 1718, departed this Life, having first duly executed 
his last Will and Testament, in writing, bearing Date some 
time in or about the Year 1711 or 1712, and thereby devised to 
his dear Wife Hannah Penn, the Plaintiffs late Mother (since 
deceas'd) and several other Persons and their Heirs, all his 
Lands, Tenem3iits, and Hereditaments, whatsoever, Rents and 
other Profits, situate, lying and being in Pensilvania and the 
Territories thereunto belonging, or elsewhere in America, upon 
Trust that they shauld sell and dispose of so much thereof as 



BOUNDARY QUESTION. 25 

should be sufficient to pay all his just Debts, and from and after 
Payment thereof convey 40,000 Acres, part thereof, in manner 
therein directed, and all the rest of his Lands and Heredita- 
ments whatsoever, situate, lying and being in America, He 
willed that his said Trustees should convey to and amongst his 
Children which he had by his then Wife, in such proportions, 
and for such Estates, as his said Wife should think fit; and all 
his personal Estate in Pensilvania, and elsewhere, and Arrears 
of Rent due there, he gave to his said Wife, whom he made 
sole Executrix for the equal Benefit of her and her Children. 

Which said last Will and Testament was duly proved, by the 
said Hannah the Plaintiffs Mother, the sole Executrix thereof, 
on or about the 4th Day of November 1718, in common form, 
in the Prerogative Court of the Archbishop of Canterbury, and 
was afterwards duly proved by Witnesses, upon, a proper Suit 
for that purpose brought against the Heir at Law of the said 
William Penn, and established by decree in his Majesty's Court 
of Exchequer at Westminster, as in and by such last Will and 
Testament, and the several and respective Proofs thereof, re- 
lation being thereunto had, may more fully appear. 

That the said Hannah Penn, by deed-poll under her Hand and 
Seal duly executed, bearing Date' on or about the 18th Day of 
November, in the said Tear of our Lord 1718, reciting amongst 
other Things the said last Will and Testament of the said 
William Penn, the said Hannah Penn, in pursuance of all Powers 
which she had or was invested with, did direct and appoint all 
the rest and residue of the Lands, Tenements, and Heredita- 
ments; and of the Rents and other Profits of them, late of the 
said William Penn deceased, lying and being in Pensilvania 
aforesaid and the Territories thereunto belonging, or elsewhere 
in America., that should remain after the Provisions in the said 
Will (subject nevertheless to the debts of the said William 
Penn deceased, according to his said Will) should be conveyed 
in manner following, that is to say, three full and equal Parts 
of such rest and residue (in six equal parts to be divided) of 
and in all that the Country or province in America called Pen- 
silvania, and three full equal sixth parts of all Lands, Tene- 
ments, and Hereditaments whatsoever, Rents and other profits 
late of the said William Penn deceased, within or part of the said 
Country or Province, should be conveyed by the said Trustees 
for the time being and the Survivor of them, and the Heirs 
and Assigns of such Survivor, to and to the Use of the Plaintiff 
John Penn, eldest Son of the said Hannah by the said William 
Penn deceased, and of the Heirs and Assigns of the said John 
Penn; and, as to the remaining three sixth parts of the same 
that the said Trustees should convey the same to the Use 



26 PENNSYLVANIA AND MARYLAND 

of her three other younger Children by the said William 
Penn deceas'd, namely, the plaintiffs Thomas Penn, and 
Richard Penn, and Dennis Penn, their late Brother (since 
deceased) and their Heirs and Assigns, as joint Tenants, 
for ever : And as to all the rest and residue that should re- 
main of all that Tract of Land in America, late of the said 
William Penn her late Husband deceased, adjoining to Pensil- 
vania aforesaid, and commonly called the three Lower Counties, 
and all Lands, Tenements, and Hereditaments, whatsoever, 
Rents and other profits, late of the said William Penn her said 
late Husband, in the said three Lower Counties, or in East 
and West Jersey, or elsewhere in America (subject also as 
aforesaid to the Debts of the said Testator) she did, in like 
manner, direct, limit and appoint that three full and equal 
Parts (the whole into six equal Parts to be divided) should be, 
by the said Trustees, conveyed to and to the Use of her said 
eldest Son the Plaintiff John Penn, and of his Heirs and As- 
signs; and, as to the remaining three sixth parts of the same, 
to be conveyed to the Use of her said three younger Children 
Thomas Penn, Richard Penn, and Dennis Penn, and their Heirs 
and Assigns, as joint Tenants, for ever, as by the said Deed- 
poll or Appointment, relation being thei'eunto had, may more 
fully and at large appear. 

That the said Hannah Penn departed this Life on or about 
the 20th Day of December, in the Year 1726, and the said Dennis 
Penn her Son, departed this Life on or about the Day of 
in the Year ,an Infant of' very tender Years, ami without 

Issue. 

And that, by Indentures of Lease and Release, bearing Date, 
respectively, on or about the and Days of 

which was in the Year of our Lord the then only sur- 

viving Trustees, named in the said last Will and Testament of 
the said William Penn, did duly convey unto the Plaintiffs 
(pursuant to the Directions in the said Appointment of the 
said Hannah Penn) all and singular the Lands, Hereditaments 
and Premisses in the said Appointment mentioned ; to hold 
unto the Plaintiffs respectively for such respective Estates as 
by the said Appointment was directed, limited, appointed and 
intended ; as in and by the said recited Indentures of Lease and 
Release had the Plaintiffs the same in this Kingdom to produce 
relation being thereunto respectively had, may more fully and 
at large appear. 

That the said William Penn, in his Life-time, had put him- 
self to so very great Expenee, in improving the said Countries, 
that, besides selling part of his Family Estate in England and 
Ireland for that purpose, of an exceeding great yearly Value, 



BOUNDARY QUESTION. 27 

he was obliged to Mortgage, and in or about, the Year 1708 did 
Mortgage, his said Lands in America, to Joshua Gee, John 
Wood, and others, for 6, 6001. which /Mortgage lay upon the said 
Lands, at Interest, for above twenty Years; but, in the Year 
1729, the Mortgagees, or the Survivors of them, reconveyed the 
said Mortgaged Premisses to the Plaintiffs for the respective 
Estates mentioned in the said Deed of Appointment made by 
the Plaintiffs Mother ; as by the said Mortgage, and Reconvey- 
ance, had the Plaintiffs the same now in this Kingdom to pro- 
duce, relation being thereunto had, would appear. 

Under which said Will, Appointment and Conveyance, Mort- 
gage and Reconveyance, the Plaintiffs, entered into the Prem- 
isses, and now are, and ever since the death of the said Hannah 
Perm have been, in the quiet and peaceable Possession of the 
said three Lower Counties, and of all the Lands, Tenements 
and Hereditaments therein. 

That the said Hannah Penn, immediately after the decease 
of the said William Penn, did enter into, and from the time of 
the death of the said William Penn, down to the time of her 
own death as aforesaid, was in the quiet and peaceable Posses- 
sion of the said three Lower Counties, and of all the Lands, 
Tenements and Hereditaments therein. 

And the said William Penn, in his Life-time, and the said 
Hannah Penn, after his death, during her Life, and the Plain- 
tiffs, since her death, down to this time, respectively, have, fre- 
quently, and from time to time, as occasion required, appointed 
Deputy or Lieiitenant Governors of the said three Lower 
Counties, and begun, continued, and carried on the great Im- 
provements now in being thereon, at their own sole and pro- 
digious Expence. 

That, during the time the said Hannah Penn was so possest 
of the same three lower Counties as aforesaid, and during the 
Infancy of the Plaintiffs, the Defendant Charles Calvert Esq ; 
commonly called Charles Lord Baltimore in the Kingdom of 
Ireland, the Grandson of the said Charles Lord Baltimore who 
petitioned her said late Majesty Queen Anne, in January 1708 
and May 1709 as aforesaid, and who is, or pretends to be, the Heir 
at Law to the said Cecilius Baron of Baltimore, to whom the 
said Grant of the Province of Maryland was made in 1632, ap- 
plied in his own Person, to the said Hannah Penn, and ad- 
mitted to her that he had no Colour or pretence of Title to the 
said three Lower Counties, or to any part of them, but rep- 
resented that, as the Bounds of the said Provinces of Pensil- 
vania and Maryland had not been, by any particular and exact 
Land Marks, laid out and described, some of his, and likewise 
some of her, Tenants, upon the Borders, refused to pay their 



28 PENNSYLVANIA AND MARYLAND 

Quit-Rents, and other inconveniences arose, both to the said 
Hannah Penn and Charles Lord Baltimore, and therefore, pro- 
posed that, till the Bounds could be exactly set out and de- 
scribed, no more lands should be granted out, by either of 
them near the Borders. 

And, thereupon, an Agreement, in Writing, bearing Date on 
or before about the 17th Day of February, in the Year 1723, was 
duly signed and executed, by and between the said Hannah 
Penn and Charles Lord Baltimore, in the Words, or to the effect, 
following, that is to say, 

Whereas there are Disputes depending between the respective 
Proprietors of the Provinces of Maryland and Pensilvania, 
touching the Limits or Boundaries of the said Provinces where 
they are contiguous to each other : And whereas both Parties 
are, at this time, sincerely inclined to enter into a Treaty, in 
order to take such Methods as may be adviseable for the final 
determining the said Controversy, by agreeing upon such Lines, 
or other Marks of Distinction, to be settled, as may remain for 
a perpetual Boundary between the two Provinces; it is there- 
fore mutually agreed, between the Right Honourable Charles 
Lord Baltimore, Proprietor and Governor of Maryland, and 
Hannah Penn, Widow and Executrix of William Penn Esq ; 
late Proprietor and Governor of Pensilvania, and Joshua Gee, 
of London, Merchant, and Henry Gouldney of London, Linnen- 
Draper. in behalf of themselves and the Mortgagees of the Pro- 
vince of Pensilvania, that, for avoiding of all manner of Con 
tention or Differences between the Inhabitants of the said Prov- 
inces, no Person or Persons shall be disturbed or molested in 
their Possession, on either side nor any Lands be surveyed, 
taken up or granted, in either of the said Provinces near the 
Boundaries which have been claimed or pretended to on either 
side ; this Agreement to continue for the space of 1 8 Months 
from the Date thereof ; in which time, 'tis hoped, the Boundaries 
will be determined and settled. And it is mutually agreed on, 
by the said Parties, that Proclamations be made in the said Prov- 
inces, signifying this Agreement, for the better quieting the 
People ; and the Lieutenant-Governors, and other proper Offi- 
cers of the respective Provinces, for the time being, are directed 
and enjoined to conform themselves agreeable hereunto, and to 
issue our Proclamations accordingly, upon the Receipt hereof. 
In Witneses whereof the Parties above-named have hereunto set 
their Hands this 17th Day of February 1723. Baltimore, Hannah 
Penn, Joshua Gee, Henry Gouldney. Witness S. Clement, 
Charles Lowe, James Logan. 

As by the said last recited Agreement, one Original part 
whereof, executed as aforesaid, the Plaintiffs Charge was de- 



BOUNDARY QUESTION. 29 

livered to, and in the Possession of, the said present Charles 
Lord Baltimore, had the Plaintiffs the same to produce, relation 
being thereunto had, would and might fully appear. 

That, in pursuance and performance, on the part of the said 
Hannah Penn,of the said last mentioned Agreement, a Proclama- 
tion was duly published, on or about the 15th Day of May in 
the Year 1724, by Sir William Keith, Bart. , then Deputy-Gov- 
ernor under the said Hannah Penn in and over the said Prov- 
ince of Pensilvania, and the said three Lower Counties, reciting 
at full Length the same Agreement, and notifying the same to 
the Inhabitants under his Government, and requiring the 
Observation of the same Agreement. 

And a like Proclamation, pursuant to the Tenor of the said 
Agreement, ought to have been made and published by the Gov- 
ernor, or Lieutenant, or Deputy-Governor of the said present 
Charles Lord Baltimore, and so the Plaintiffs Charge was done 
by the express Direction of the said present Lord Baltimore 
himself. 

That the Matters aforesaid remanied at quiet, under the said 
last mentioned Agreement, not only during the 18 Months 
therein mentioned, but for a much longer time, in Vertue and 
Consequence, and under the true intent, meaning and equity 
of the said Agreement. 

And, although the exact Marks and Bounds of the said Prov- 
inces and Colonies were not marked out under the said Agree- 
ment, which was partly occasioned by the neglect of the 
said Charles Lord Baltimore, and partly by the death of the 
said Hannah Penn, and by the Infancy of the Plaintiffs and the 
said Dennis Penn, or of some of them, yet, the Plaintiffs 
said Mother, and the Plaintiffs on their part, justly and duly 
observed the said Agreement ; and did not grant out any Lands 
whatever near to the Borders. 

That the said present Charles Lord Baltimore did not, on his 
part, observe the said Agreement, but hath and did, from the 
time of first entering into the said Agreement, by himself and 
his Governors, Commissioners, Officers, and other Servants, 
make many very large and extensive Warrants and Grants, of 
great Quantities of Lands, to sundry Persons, without specify- 
ing where, and in what Places, the same did, or were to lie, or 
were to be taken up ; and this, as the Plaintiffs charge, with 
express Intent and Design that such Grantees should, under 
his the said present Charles Lord Baltimore's Grants, seat down 
upon, and take up Lands, where ever they pleased, and could 
find vacant Lands, thereby designing and intending to attempt 
to stretch, and extend, his Grants and Settlements far beyond 



30 PENNSYLVANIA AND MARYLAND 

the true Limits and Bounds of the Grant made to the said Ce- 
cilius, to the great Wrong and Injury pi the Plaintiffs. 

That the said present Charles Lord Baltimore, on or about 
the first Day of July 1731, did, by Petition, which he presented, 
or caused and directed to be presented, to his present Most 
Gracious Majesty, pray his said Majesty to order the Proprie- 
tors of Pensilvania (meaning the Plaintiffs) forthwith to join 
with him in settling and ascertaining the Boundaries, and, in 
case they refused to comply therewith, or in case the same 
should not be settled and ascertained within the space of twelve 
Months, that then, his Majesty would please to hear the Matter 
in dispute, and to give such Order, and to make such Deter- 
mination, touching the same, as to his Majesty in his great 
Wisdom should seem meet; and, to induce his Majesty to grant 
such the Prayer of the said last mentioned petition, the said 
Charles Lord Baltimore did, in and by the said last mentioned 
petition, set forth his own Right and Title, or pretended Right 
and Title, in the words following that is to say, 

" That your petitioner, and his Ancestors, by Grant, under the 
"great Seal, ever since the Year 1632, is and have been Proprie- 
tor and Proprietors of the Province of Maryland, and, among 
"other things, entitled to all that part of a Peninsula, lying in 
"the parts of America, between the Ocean on the East, and Cheso- 
" peak Bay on the West, and divided from the other part thereof 
" by a right Line, drawn from the Promontory or Cape of Land 
"called Watkin's Point (situate in the aforesaid Bay near the 
" River Wighco) on the West, unto the Main Ocean on the East, 
"and, between that Bound on the South, unto that part of Dela- 
"ware Bay on the North, which lyeth under the 40th Degree of 
" Northern Latitude from the Equinoctial, where New England 
"ends." 

By which Description, as the Plaintiffs expressly Charge, the 
said present Charles Lord Baltimore did, in and by his said 
Petition, exclude, and did mean and intend to exclude, and not 
to comprize or include, the said three Lower Counties, or any 
part of the same. 

That his Majesty, by his Order in Council of the said first 
Day of July 1731, was pleased to refer the said last mentioned 
petition to the Consideration of the Right Honourable the 
Lords of the Committee of his Majesty's most Honourable 
privy Council for hearing Appeals and Complaints from the 
plantations. 

And their Lordships of the said Committee, *by their Order 
of the Day of the said Month of July 1731, were pleased 

to refer, again the said last mentioned Petition to the Consid- 
eration of the Right Honourable the Lords Commissioners for 



BOUNDARY QUESTION. 31 

Trade and Plantations ; as by the said last mentioned Petition, 
and several Orders made thereon, relation being unto them sev- 
erally and respectively had, may more fully.and at large appear. 
That so soon as the said present Charles Lord Baltimore had 
presented such his Petition to his Maiesty, and obtained such 
Orders thereon as aforesaid, he the said present Charles Lord 
Baltimore, well knowing (as the Plaintiffs charge that the Truth 
is) that the Plaintiffs were young Men, just come of Age, and 
wholly and utterly unacquainted with, and Strangers to, the 
said old intricate Disputes in 1683, 1684 1685, 1708, and 1709, 
and not born or in Being at the Times thereof, and also well 
knowing (as the Plaintiffs charge he did) that the Plaintiffs 
Father, in the great Undertaking therein beforementioned, had 
worn himself out, and was, for many Years during: the latter 
Part of his Life, greatly impaired in his Mind, Body and For- 
tune, and that his Papers and Writings, relating to the said 
Old Transactions, had all been lost or mislaid, and that the 
Plaintiffs were in a helpless Condition in respect thereto, and 
intending to make to himself, by means thereof, and of the 
Plaintiffs Ignorance of the Premisses, great and undue. Advan- 
tage against the Plaintiffs, he the said present Charles Lord 
Baltimore did, entirely of his own Motion, apply by himself in 
Person to the Plaintiffs then Sollicitor, and desired to have a 
Meeting between the Plaintiffs and Defendant, in order to set- 
tle and agree the Matters in Difference between them ; the said 
Defendant declaring that, if they could not agree, he would 
set up his former Pretence to the said 3 lower Counties, or to 
Part thereof. 

Which Desire of the Defendant being made known to the 
Plaintiffs, or some of them, the Plaintiffs or the said John and 
Thomas Penn did, upon the 20th Day of July 1731 (after sev- 
eral previous Meetings before had between the Plaintiffs and 
Defendant on the same Subject) meet and treat with the said 
Defendant touching an Agreement to be made between them 
for settling the Differences between them. 

And, at that Meeting, on the said 20th Day of July 1731, the 
said Defendant produced, out of his own Pocket, a Map or Plan 
of the Peninsula herein beforementioned, and of several con- 
tiguous and adjacent Parts thereto, and, with a Rule and Pencil, 
did (with his own Hands) draw Lines upon the said Map or 
Plan so by him produced, both a-cross, and also up in near the 
middle Part of the said Peninsula, to denote in what Manner 
he insisted the Bound-Lines should be really run, and particu- 
larly so as to exclude from him, and to include to and for the 
Plaintiffs, the said 3 Lower Counties. 
And the Defendant did, then and there, insist that his North- 



32 PENNSYLVANIA AND MARYLAND 

ern Bounds, for Maryland in the other Parts of that Province 
where the 3 Lower Counties did not adjoin to that Province 
on the North Part, should extend Northward as far as to 
within 15 Miles South of the City of Philadelphia in Pensilva- 
nia ; which, as the Plaintiffs charge, he himself believed and 
knew, and so the same in fact is true, would carry his general 
Northern Bounds much higher than every Part of the said 
Peninsula, and the Isthmus thereof, and a considerable way 
within the main Land and Continent itself. 

And the Plaintiffs, and particularly the said John Penn and 
Thomas Penn, then desired and insisted that he should agree 
that his general Bounds should extend Northwards but only 
to within 20, or at most to within 18 Miles, South of the said 
City of Philadelphia; but the Defendant utterly refused to 
consent thereto. 

And the Plaintiffs, and particularly the said John and Thomas 
Penn, on their Parts also produced a Map or Plan of the said 
Peninsula and Parts adjacent, and, with a Pen or Pencil, drew 
Lines thereon, to denote how they proposed the Bound-Lines 
to be run. 

But the Defendant refused to recede, in any Point, how small 
soever, from what he had proposed. 

And the Plaintiffs thereupon, after a good deal of Debate 
had at that Meeting of the 20th of July and the several former 
Meetings, did verbally agree to let the Bounds run in the man- 
ner then verbally proposed by the Defendant. 

And, thereupon, another Meeting was proposed between the 
Plaintiffs and Defendant for the 22d of the said Month of July 
1731, in order that, against such Meeting, some short Minute 
or Note, in Writing, might be prepared of their Agreement. 

And, accordingly, the Plaintiffs, or, the said John and Thomas 
Penn, did, upon the said 22d of July 1731, again meet the De- 
fendant ; at which last Meeting the Defendant took out of his 
Pocket, and produced, and read to the Plaintiffs a Paper, of his 
own Hand-Writing, which, he said, was the Notes in short of 
what had been so propos'd and talk'd of as aforesaid, at the 
former Meeting two Days before (which Notes were then many 
times read over) and that, upon the Foot of those Notes an 
Agreement in Form should be drawn out, between him and all 
the Plaintiffs ; which the Plaintiffs agreed to. 

And, thereupon, the Plaintiffs, and their said then Sollicitor, 
desired the Defendant to give to them that Paper or Proposal 
which had been so produced and read to them, in order to as- 
sist in drawing up the Agreement in form therefrom; which the 
Defendant, at first, agreed to, but, after some Time, said that 
he had no Copy of such Paper or Proposal, and, therefore, did 



BOUNDARY QUESTION. 38 

not chuse to deliver over that very Paper, or to. the like Effect, 
but promised that he would deliver the same (and accordingly 
he did instantly in the Plaintiffs Presence deliver the same) to 
his the Defendant's Sollicitoi - , and directed his the Defendant's 
Sollicitor to give the Plaintiffs a Copy thareof. 

And then, an Observation was made, by some Person during 
such last Meeting, that it would be difficult, by any Agreement, 
or Form of Words, how full soever, to describe the Bounds, 
clearly and plainly , without annexing to the Agreement, or 
referring therein to, some Map or Plan, to help illustrate and 
explain the same, which the said Defendant agreed or seemed 
to agree, to the Reasonableness and Fitness of doing. 

And, thereupon, a Question was moved, between the Plain- 
tiffs and Defendant, Whose Map or Plan should be affixed to 
the Agreement, when drawn out? And the Defendant insisted, 
and the Plaintiffs agreed thereto, that not the Map or Plan pro- 
duced by the Plaintiffs, but that which was produced by the 
said Defendant himself should be affixed to the said Agree- 
ment, when drawn out. 

And then, another Question was also moved, between the 
Plaintiffs and Defendant, What Person should engrave the 
Defendant's Map or Plan, in order to the affixing the same to 
such Agreement, when so prepared ? And the Plaintiffs named 
one Person for the graving the same, but the Defendant named 
and insisted on another, different Person, namely, Mr. Senex, 
a Mathematician, for the engraving the Defendant's said Map 
or Plan for the Purpose aforesaid, and the Plaintiffs as they 
had befure agreed to every one of the Defendant's Proposals, so 
they agreed to this last, likewise. 

That, in 3 or 4 Days after the said last Meeting, the Defen- 
dant's Sollicitor did (pursuant to such Directions given to him 
as aforesaid) deliver over to the Plaintiffs, or to some Person 
on their Behalf, a Paper as a true Copy ;but very much abbre- 
viated) of the said written Paper or Proposal which had been 
so produced by the Defendant at the said last Meeting. 

And the material Parts of the same, being short, are in the 
very Words or to the Effect following, that is to say, 

"1. There shall be a Circle of 12 Miles Distance drawn from 
" Newcastle. 

"2. The Proprietors of Pensilvania shall be entitled to 15 
"Miles South of Philadelphia, by a West Line drawn, from the 
"Point of the South and North, to the Extent of their West 
"Limits comprised in the Charter of Pensilvania. 

"3. There shall be a Line, South, drawn from the East and 
"West Line aforesaid, which shall intercut the Periphery of 
3— Vol. XV. 



34 PENNSYLVANIA AND MARYLAND 

'"the Circle of. 12 Miles from Newcastle, until it intercut the 
"Parallel of an East and West Line drawn from the Promon- 
"tory or Cape, called Cape Hinlopen, at Rectangles. 

"4. The Lord Baltimore to quit all Pretensions to the 3 lower 
"Counties, known to be at present comprised within the Limits 
"aforesaid, that is to say within the 12 Miles Circle of Newcastle 
"and the North and South Line drawn as aforesaid on the 
" West, and the Bay of Delaware on the East. 

"5. The Proprietors of Pensilvania to quit all Pretensions to 
"any Land on the Southward of the Line of 15 Miles from Phila- 
"delphia, and to the West of the North and South Line here- 
"tofore described, and, for the Considerations aforesaid, convey 
"to the Lord Baltimore all Right and Title they may have 
"thereunto belonging. " With some other Clauses, therein con- 
tained, not relating to tne Bounds, but merely to the quieting 
the Possessors of the Land in Dispute ; as by the Original of the 
Defendant's said Paper or Proposal, which the Plaintiffs charge 
is now in the Custody, Possession or Power of the said Defend- 
ant, or of some Sollicitor or Agent of his, and by the said Copy 
thereof delivered, by the Defendant's Sollicitor, to the Plain- 
tiffs, or some Person on their Behalf, Relation being thereunto 
had, may plainly appear. 

That, in less than three Weeks Time after the said Copy of 
the said Defendant's Paper or proposal was so delivered over 
as aforesaid, the plaintiffs caused a Draught of Articles of Agree 
ment, at full Length, to be prepared, in order to be, after th* 
same should be settled, engrossed and executed by the said par. 
ties; and the Draught of such Agreement was delivered over, 
by the Plaintiffs Direction, to the Defendant, or his Sollicitor, 
upon or about the 16th Day of August 1731 ; and the same 
Draught of the said Agreement at length was, for very near 9 
Months, namely from the said 16th of August 1731, to the 10th 
Day of May 1732, under the constant and continued Exami- 
nation of the Defendant himself and of Samuel Ogle Esq ; the 
Defendant's Lieutenant or Deputy Governor of Maryland, and 
of Mr. Wynne the said Defendant's Council, and of Mr. John 
Sharpe the said Defendant's said Sollicitor, and of Mr. Senex 
the Mathematician, so named as aforesaid by the said Defend- 
ant, and of many other Council, Agents and Persons, employed 
by and for the said Defendant. 

And, during the Time the said Draught of the Agreement 
was so under Consideration as aforesaid, the said Defendant, 
or his said Sollicitor, did carry the said Defendant's own Map 
or Plan to the said Mr. Senex, to be engraved; and he did en- 
grave the same, and for which the Plaintiffs and Defendant 
have jointly paid the said Mr. Senex. 



BOUNDARY QUESTION. 35 

And the said Mr. Senex was desired by the said Defendant 
to give, and did give his Opinion, in Writing, upon the Pro- 
priety and Fitness of the Terms and Expressions made use 
of in the said Draught of the said Agreement. 

And, during the long Time that the said Draught of the said 
Agreement was under such Consideration, by the said Defendant 
and his several Agents and Friends before mentioned, the said 
Defendant proposed and insisted on many After-thougbts, of 
his own or of his Agents or Advisers, which he, likewise, insisted 
on, tho' never before mentioned. 

And, amongst many others, the said Defendant insisted that, 
Whereas in his own Proposals, and in the said Draught of the 
Agreement, the 12 Miles Distance from Newcastle, and the 15 
Miles South of Philadelphia, were only mentioned as Miles 
in general, they should be expressed particularly, in the said 
Articles of Agreement, to be 12 and 15 English Statute Miles, 
which the Plaintiffs agreed to, altho' they thought the same 
ought rather to have been Geographical Miles, which would 
have been more for their Benefit and Advantages. 

And, again the said Defendant insisted that the Heir at Law 
of the Plaintiffs Father (tho' the Will of the Plaintiffs Father 
had been proved by Witnesses in a Court of Equity against the 
Heir at Law) and also, the Persons intitled under the Will of 
the Plaintiffs Father to 40, 000 Acres of Land in America, should 
join in the said Agreement, or, by some Indorsement, or other 
Instrument, agree to and confirm the same; which the Plain- 
tiffs readily agreed they should ; and, accordingly, the said 
Persons afterwards did. 

And, after the said Draught of the Agreement had been, from 
the 16th of August 1731, to the 29th of March 1732, (which wa s 
above 7 whole Months) under the Consideration of himself, 
and his Agents, as aforesaid, the said Defendant delivered, with 
his own Hand, unto the Plaintiffs, for their Sollicitor, a Note, 
of his own Hand- writing, the Purport of which he insisted 
should be, likewise, inserted in the said Draught of the said 
Agreement, to prohibit the People of the respective Provinces 
to carry on Commerce, into the Bays of Chesopeak and Dela- 
ware, by means of any Rivers leading from one of the Provinces 
aforesaid to the other; which the Plaintiffs, tho' with a good 
deal of Unwillingness, also agreed to. 

And, again, the Defendant, at another subsequent Time, in- 
sisted that a Clause should be inserted in the said Draught of 
the Agreement, That, in case a sufficient Quorum of the Com- 
missioners, to be named on either Side, should not, from time 
to time, according to the Appointments and Adjournments to 
be made for that purpose, attend, to proceed in the marking and 



36 PENNSYLVANIA AND MARYLAND 

running out the Lines and Bounds aforesaid lor' want whereof 
the same could not be done within the Time limited) then, the 
said Agreement should be void, and then, and in such Case, the 
Party or Parties whose Commissioners should make such Default 
should forfeit and pay, to the other Party or Parties whose Com- 
missioners should attend, upon Demand, the Sum of 5,0001. of 
lawful Money of Great-Britain ; which the plaintiff, likewise, 
agreed to, and, accordingly, a Clause or Proviso was inserted in 
the said Draught for such Purpose. 

And many other Alterations and Amendments were made, 
and inserted, by the Defendant and his Agents and Advisers, 
till they had made the said Draught of the said Agreement en- 
tirely agreeable to the Defendant, and, when they had so done, 
the said Draught was, in the Beginning of May 1732, re-delivered 
back again to the Plaintiffs Sollicitor, to be engross'd ; and six 
several Parts thereof were instantly engross'd, on Parchment ; on 
the Side or Margin whereof the Defendant's said Map or plan 
as stamped or printed. 

And all the said 6 parts of the same Agreement were upon, 
or about the 10th Day of May 1732, in presence of many Wit- 
nesses, duly signed, sealed and delivered by the Defendant and 
by the plaintiffs. 

That the said original Articles of Agreement were indented and 
bore Date on or about the said 10th Day of May 1732, and were 
made between the said Defendant Charles Baron of Baltimore 
by the Description and Addition therein contained of the one 
Part, and the Plaintiffs by the Descriptions and Additions there- 
in contained of the other Part, and recited the said Letters patent 
or Charter of King Charles the First of Maryland to the said 
Cecilius Baron of Baltimore, and the said Letters patent or 
Charter of King Charles the Second of Pensilvania to the Plain- 
tiffs said late Father, and the said two herein beforementioned 
Indentures of Feoffment from the said Duke of York of the said 
3 lower Counties of Newcastle, Kent and Sussex to the Plain- 
tills said Father; and also recited, in general, that several Dis- 
putes and Differences had arose between the former Lord Bal- 
timore and the said William Penn, touching the respective 
Bounds and Limits of the said Provinces of Maryland and Pen- 
silvania, and between the said Province of Maryland and the 
said 3 lower Counties of Newcastle, Kent, and Sussex, but that 
for the putting a final and friendly End and Accommodation 
to the said Disputes and Differences, the said Parties to the 
said Articles had come to the there following Agreement touch- 
ing the same. 

And the said Articles did, therefore, witness that it was 
thereby mutually and reciprocally covenanted, promised, de- 



BOUNDARY QUESTION. 3? 

clared and agreed, by each and every one of the said Parties 
thereto, for himself and his Heirs, Executors and Administra- 
tors, to and with all and every other of the same Parties thereto, 
and their several and respective Heirs, Executors, and Admin- 
istrators, in manner therein after mentioned, and 

1st, That the Draught or Plan, printed in the Margin upon 
that Skin of Parchment whereon the said Articles were en- 
grossed (which contained a Map of the Peninsula, and also of 
the other Tracts of Ground therein mentioned) was a true Copy 
of those which had been sent over from America to the then 
present Parties to the said Agreement by their respective 
Agents in those Parts/ for the Assistance and Guidance of the 
said Parties in the settling the said Disputes, and by which 
that present Agreement was to be explained and understood. 

2dly, That there should be the said Circle, mentioned in the 
said Charter for Pensilvania and Deed of Bargain and Sale or 
Feoffment of Newcastle (or so much thereof as was requisite) 
drawn and marked out, at the 12 Miles distance from the Town 
of Newcastle, which 12 Miles should be 12 English Statute 
Miles. 

3dly, That a due East and West Line should be drawn, a-cross 
the said Peninsula, (or a-cross so much of it as should be re- 
quisite) such East and West Line to begin, on the East Park, 
at the Place in the said Draught or Map called Cape Hinlopen, 
which lay South of Cape Cornelius, upon the Eastern Side of 
the said Peninsula, toward the main Ocean, and, at the Point 
of the said Cape, and to run, towards the Western Side of the 
said Peninsula, which lay upon the Chesopeak Bay ; but to stop, 
in the exact middle of that Part of the same Peninsula, when 
so running a due East and West Course. 

4thly, That, from the Westward Point or End of the said East 
and West Line (which Westward Point or End should be just 
half way a-cross the said Peninsula) a strait Line should run, 
Northwards, up the said Peninsula (and above the said Penin- 
sula if it required it) till it should so touch the Western Part 
of the Periphery of the said Circle as to make a tangent thereto, 
and, there the said strait Line should end. 

5thly, That at the Northern Point or End of the said strait 
Line, a Line should begin, and should, from thence run, due 
North, above the said Peninsula ; but, so far only, until it came 
into the same Latitude as 15 English Statute Miles due South 
of the most Southern Part of the City of Philadelphia. 

6thly, That a due East and West Line should be run in man- 
ner following. It should begin at the Northern Point or End 
of the said due South and North Line, and should from thence, 
run due West, cross Sasquehannah River, to the utmost West- 



38 PENNSYLVANIA AND MARYLAND 

ern Extent of the said Province of Pensilvania (or so far in Part 
thereof as should be at present requisite, in regard, that as the 
same was to be a due East and West Line the beginning Part 
thereof might be sufficient to continue the same by, when fur- 
ther Occasion should require, and when the Lands Westward 
in the said Provinces of Maryland and Pensilvania should be 
better settled, and that it would occasion a very great Expence, 
and likewise be at present needless, to run the same to the ut- 
most Extent Westward of the said Province of Pensilvania, how- 
ever, the same should, at present, be run across Sasquehannah 
River and about 25 English Statute Miles further, on the West- 
ern Side of the said River.) 

7thly, That the Part of a Circle then drawn with red Ink 
upon the said Draught or plan, and the red Lines, also drawn 
thereupon, were then drawn to serve as an Explanation to that 
Agreement, but not with exact Certaintv, in regard the said 
Draughts or Plans, so sent over to the Parties ~as aforesaid, had 
neither Scale or Compass to them. 

8thly, That the first there abovementioned due East and West 
Line, to run from Cape Hinlopen to the middle of the Penin- 
sula, and the said strait Line, to run from the Westward Point 
thereof, Northwards, up the said Peninsula (and above the said 
Peninsula if it required it) till it touched or made a Tangent 
to the Western Part of the said Periphery of the said 12 Miles 
Circle, and the said due South and North Line, to run from such 
Tangent till it met with the upper or more Northern East and 
West Line, and the said upper East and West Line, to begin 
from the Northern Point or End of the said South and North 
Line, and to run due Westward (at that Time) cross Sasque- 
hannah River and 25 English Statute Miles at least on the 
Western Side of the said River, and to be 15 English Statute 
Miles South of the Latitude of the most Southern Part of 
the said City of Philadelphia, were, and should be, and should* 
at all times for ever thereafter, be allowed and esteemed to be, 
the true and exact Limits and Bounds between the said Prov- 
ince of Maryland, and the said three lower Counties of Newcas- 
tle, Kent and Sussex, and between the said Provinces of Mary- 
land and Pensilvania; excepting only that, in case the said 
North Line from the Tangent of the Circle of Newcastle should 
break in upon the said Circle, in such case, so much of the said 
Circle as should be cut off by the said Line should belong to 
and be Part of the County of Newcastle. 

9thly, That the said Charles Lord Baltimore and his Heirs 
and Assigns, on his Part, and the Plaintiffs and their several 
and respective Heirs and Assigns, on their Parts, should and 
would, by fit and proper Powers and Instruments, within 2 



BOUNDARY QUESTION. 39 

Calendar Months from the Day of the Date of the said Articles, 
authorize and appoint a sufficient Number of discreet and proper 
Persons, not more than 7 on each Side, to be their respective 
Commissioners; with full Power, to the said 7 Persons, or any 
3 or morft of them, for the actual running, marking and laying 
out the said Part of a Circle, and the said before mentioned 
Lines which said Commissioners should give due and proper 
Notice, to each other, and should fix and agree upon a Time or 
Times to begin and proceed in the running, marking, and lay- 
ing out the same ; and the same should be begun, at the farth- 
est, some time in the Month of October then next, and should 
be proceeded in with all Fairness, Candour and Dispatch, that 
might reasonably be. And the said Lines should be mark'd 
out by visible Stones, Posts, Trees, Pillars, Buildings, Land- 
marks or other certain Boundaries, which might remain and 
continue; such Boundaries to be mark'd, on one Side, with the 
Arms of the said Charles Lord Baltimore, and, on the other 
side, with the Arms of the Proprietors of Pensilvania ; ana 
such Lines should be completely so run, mark'd and laid out 
(as far as by the said Agreement was intended) on or before the 
25th Day of December 1733; and, when so done, a true and ex- 
act Plan and Survey thereof, with the best and most exact and 
certain Descriptions that could possibly be given of the same, 
should be made up and signed and sealed, by the said Commis- 
sioners on both Sides, and by their Principals, and should be 
entered in all the publick Offices in the said several Provinces 
and Counties. 

Provided always, and it was thereby agreed that, in Case 
a sufficient Quorum of the Commissioners, to be named on 
either Side, should not, from time to time, according to the Ap- 
pointments and Adjournments to be made for that purpose, 
attend to proceed in the marking and running out the Lines 
and Bounds aforesaid for want whereof the same could not be 
done within the Time before limited, then, the said Agreement, 
and every Article and Thing therein contained, should cease, 
determine and be void, and then, and in such Case, the Party 
or Parties, whose Commissioners should make such Default, 
his or their Heirs, Executors or administrators, should and 
would forfeit and pay, to the other Party or Parties, whose 
Commissioners should attend, his or their Executors or Ad- 
ministrators, upon Demand, the Sum of 5,0001. of lawful Money 
of Great Britain. 

lOthly, The said Charles Lord Baltimore, for himself and his 
Heirs, did, by the said Articles of Agreement, for ever, renounce, 
release and quit claim, unto the Plaintiffs and their Heiis, all 
Rights, Titles, Interest, Powers, Prerogatives, Claims, Demands 



40 PENNSYLVANIA AND MARYLAND 

and Pretensions to the said Province of Pensilvania, and to 
the said 3 lower Counties of Newcastle, Kent and Sussex, to be 
so bounded as aforesaid (Part at least of the" same 3 lower 
Counties being therein, said to be, then known to be comprized 
within the Bounds mentioned in the said Charter of Maryland) 
and should also, at the Request and Cost in the Law of the 
Plaintiffs and their Heirs, grant, convey and assure, in the most 
effectual Manner, the said Province of Pensilvania, and the 
said 3 lower Counties, to be bounded as aforesaid, and all his 
and their Right, Title, Interest, Powers, Claims and Demands 
in and to the said Province of Pensilvania, and the said 3 lower 
Counties, to be so bounded as aforesaid, and every Part of the 
same, free of all Incumbrances by the said Charles Lord Balti- 
more and his Ancestors, unto the Plaintiffs and their Heirs, to 
hold unto the Plaintiffs and their Heirs to the only Use and 
Behoof of them and their Heirs forever in such Manner as by 
the Plaintiffs or their Heirs, or their Council learned in the 
Law, should be reasonably devised, advised and required. And 
on the other hand, the Plaintiffs made the like Renunciation, 
unto the Defendant of the said Province of Maryland, to be 
so bounded as aforesaid (Part whereof, when so bounded being 
therein exprest to be apprehended to be comprized within the 
Bounds mentioned in the said Charter tor Pensilvania) and 
covenanted to grant, convey and assure, in effectual Manner) 
and which the Plaintiffs hereby offer to do) the said Province 
of Maryland, to be so bounded as aforementioned, in the said 
Articles of Agreement (free of all Incumbrances by the Plain- 
tiffs Father, Brother, Nephew, and by the Plaintiffs their Heir s 
and Assigns, except as therein mentioned) unto the said De- 
fendant and his Heirs. 

And, by another clause in the said recited Articles of Agree- 
ment, it was covenanted and agreed that all the Parties thereto 
and their Representatives, should, at all times thereafter, use 
all friendly Means and Offices, to the utmost of their Power, to 
assist and support that same Agreement, and the several and 
respective rights, Interests and Pretensions of the Parties by 
virtue thereof. 

And the said recited Articles of Agreement, to the effect here- 
inbefore set forth, were, on or about the said 10th Day of May 
1732, duly signed, sealed and delivered by the Defendant and 
by the Plaintiffs, as by one of the original Parts of the same 
in the Plaintiffs Custody, ready to be produced to this Honour- 
able Court, Relation being thereunto had, may more fully and 
at large appear. 

That the Treaty, in order to the said last recited Articles of 
Agreement, was entirely begun, and carried on, at the Instance 



BOUNDARY QUESTION. 41 

and Request of the said Charles Lord Baltimore only, and not 
of the Plaintiffs. 

And there was not, in the said whole Agreement, any one 
Matter, of ever so small Value of Consequence, which the Plain- 
tiffs had insisted on, yielded or agreed to by the Defendant ; nor, 
on the other hand, was there any one Matter or Thing, what- 
soever, which the Defendant then insisted on, but what the 
Plaintiffs on their Parts did agree to by the said Articles of 
Agreement. 

And, particularly, tne Plaintiffs agreed that the Defendant's 
general North bounds in those Parts where the said 3 lower 
Counties did not make his North Bounds, should not be con- 
fined (as by his Charter the Plaintiffs insist they were) to the 
39th Degi-ee compleat, or to the Beginning of the 40th Degree, 
and should not be confined (as by his Charter the Plaintiffs 
insist they were) to some Part of the Peninsula, but, should 
run above 40 Miles higher, or more Northward, than the 39th 
Degree compleat; and should run quite through the Peninsula, 
and above the Peninsula, and up near 15 Miles into the main 
Continent itself; all which was clearly, expresly and indispu- 
tably granted by the said Charter for Pensilvania, and to no 
Part of which the Defendant (until such Agreement, was exe- 
cuted as aforesaid) had the least Shadow, or Colour, of any 
legal Title whatever; so desirous were the Plaintiffs to begin 
to reap some small Benefit from their Father's, and their own, 
expensive Improvements of the said lower Counties, which 
have, hitherto, been a very great Load and Incumbrance to, 
and of no clear Profit to, the Plaintiffs or their said Father. 

That, pursuant to the said Articles of Agreement, the Plain- 
tiffs on their Parts, and the Defendant on his Part, did, on or 
about the 12th Day of May 1732, execute Commissions, of exactly 
the like Tenor, to 7 Commissioners of each Side, authorizing 
them, or any 6, 5, 4 or 3 of them, to do every thing, relating to 
such Lines, Limits or Bounds, which, by the therein and herein 
recited Articles, was agreed to be done by the Commissioners 
treated of in the said Articles, in order to ascertain, fix and 
perpetuate the same. 

And the 7 Commissioners, so authorized by the Plaintiffs, 
were Patrick Gordon, Isaac Norris, Samuel Preston, James 
Logan, and Andrew Hamilton Esqrs; and James Steele and 
Robert Charles, Gent. 

And the 7 Comminissioners, so authorized by the Defendant 
were Samuel Ogle, Charles Calvert, Philimon Lloyd, Michael 
Howard, Richard Bennet, Benjamin Tasker, and Matthew 
Tighlman Ward, Esqrs. 



42 PENNSYLVANIA AND MARYLAND 

And a Clause was inserted, in each of the said respective Com. 
mission, that, in Case of the Death, Sickness or Absence from 
the said respective Provinces and Counties, or other unavoidable 
Disability, of any of the thereby appointed Commissioners; it 
should be lawful for the respective Deputy Governors, or Com- 
manders in Chief, in the said respective Provinces, for the time 
being, to appoint so many new and other Commissioners in 
their stead and place : As by the said recited respective Com. 
missions, had the Plaintiffs the same to produce, Relation being 
thereunto had, might and would more fully appear. 

That, in a very few Days after the Execution of the said re- 
cited Articles of Agreement and respective Commissions, to 
wit, about the 20th Day of May 1732, the Plaintiff Thomas 
Penn left this Kingdom, and embarked for Pensilvania, where 
he soon after arrived, and has continued there to this time, and 
the said Thomas Penn carried over thither the said Commis- 
sion executed on the Plaintiffs part, and also one part of the 
said original Articles of Agreement executed as aforesaid. 

And the Defendant, by the same Ship in which the said 
Thomas Penn went, sent over to his the Defendant's own Dep" 
uty-Grovernor at Maryland, the said Commission executed on 
his part, and also one part of the said original Articles of 
Agreement executed as aforesaid. 

And, some short time after, the said Defendant himself 
sailed to, and arrived, at his said Province of Maryland. 

And the Plaintiffs had all imaginable Reason to hope, and 
expect, that the said Agreement, so entered into at the earnest 
Request of the said Lord Baltimore, and entirely upon his own 
Terms and Propositions, and so greatly for his Benefit, and 
for which the Plaintiffs on their part gave so full, and valu- 
able, and real a Consideration, would have been performed and 
carried into Execution, with some of that Fairness, Candour 
and Dispatch that was so expresly covenanted and agreed to be 
used therein. 

But, quite contrary, the Defendant combining and confedera- 
ting to and with divers Persons, at present to the Plaintiffs un- 
known, but whose Names, when discovered, the Plaintiffs pray 
may be made Parties to this their Bill of Complaint, with apt 
Words to charge them, to take to himself, on his own part, all 
the Benefit which, under the said recited Articles, could possi- 
bly result to him, and, at the same time, to deprive the Plain- 
tiffs of all Manner of Benefit which, under the said recited 
Articles, could possibly result to them. 

He the Defendant, and, by his Direction, Advice, Consent, 
Privity and Knowledge, every one of his said 7 Commissioners 
named in his said Commission (all which said 7 Commissioners, 



BOUNDARY QUESTION. 43 

or their near Relations, the Plaintiffs charge were possess'd 
of Grant from the Defendants or his Officers under his Authority 
for large Tracts of Land in general, without any Specification 
of the Place or Places where such Tracts should be situated 
or taken up, and which Grants had not been then located 
or seated, and all which said 7 Commissioners, or their Rela- 
tions, were in hopes to have laid out such their Grants upon 
some improved or good Lands within the said Province of Pen- 
silvania and the said 3 Lower Counties or some or one of them, 
but were prevented by the Tenor of the said Articles of Agree- 
ment) have used all imaginable Arts and Methods to frust- 
rate and evade the said Articles of Agreement, and prevent 
the marking out the Lines and Bounds pursuant to the same 
and the true Meaning thereof. 

And the Plaintiffs charge, and so the Truth is, that what has 
greatly contributed to induce the Defendant to fly from the 
said Agreement was, the Adivce, Persuasion, Entreaty and 
Desire of the Defendant's own Commissioners, and other Persons 
possess'd of like Grants from the Defendant or his Officers of 
great Quantities of Land in no certain or particular Place, who 
writ, spoke, declared, promised or mentioned to the Defendant, 
and to some of his Officers, Agents and Servants, who acquainted 
him thereof, that, in Case he the Defendant would not perform, 
but would break, that Agreement, they themselves would raise 
and pay the 50001. Forfeit, or the greatest, or some, part thereof ; 
for that (as they pretended) they could not, if the Bound-Linse 
should be run as by that Agreement was agreed, settle and lo- 
cate their large Grants upon such valuable Lands as they hoped 
to have done by Encroachment in Case no Bounds had been 
agreed upon; and these Sort of Declarations were frequently 
and constantly made by the aforementioned Persons claiming 
under such Maryland Grants, to many other Persons, as well 
as to the Defendant and his Officers, Agents and Servants, 
and were the common Discourse of great Numbers of Persons 
in the Province of Maryland, and in Annapolis, the chief Town 
or City thereof; and did come to the Hearing and Knowledge 
of the Defendant, who, thereupon, grew desirous to oblige such 
his Grantees, tho' at the Expence of the Plaintiffs. 

And, for that purpose, the Defendant writ and spoke to, and 
advised and consulted with, many Persons in Maryland, how, 
and in what manner, and by what means, to avoid the running 
and marking out the Lines in the manner and within the time 
which had been so solemnly and deliberately agreed on, and 
yet, at the same time, to avoid also, the incurring and paying 
the said 50001. Forfeiture in the said Articles provided. 



44 PENNSYLVANIA AND MARYLAND 

And, at. length, a Method (as was apprehended) was found 
out for that purpose, namely, that the Commissioners of the 
Defendant should, by all possible means, clog and delay the 
said Affair, and, at last, should seem and pretend to differ in 
Judgment from the Pensilvania Commissioners, in some very 
material Point, about the running and marking out the said 
Bounds, and should tenaciously and resolutely adhere to such 
pretended Difference in Judgment, without suffering themselves 
ever to seem convinced, and, thereby, spin and wear out the 
whole time mentioned in the said Articles for running out the 
said Bound-Lines. 

And, accordingly, that Resolution was taken, and adhered 
to, between the Defendant and his own Commissioners and 
other Persons, and carried into Execution in manner herein 
after mentioned, in direct Contradiction to the Tenor and plain 
Meaning of the said recited Articles of Agreement. 

And the Plaintiffs charge that, in pursuance of an Appoint- 
ment made by Letters, which past between the Plaintiffs first- 
named Commissioner and the first-named Commissioner on the 
part of the Defendant, the first Meeting was had, by 6 of the 
said Commissioners on each Side, on the 6th Day of October 
1732, at a Place called Newtown, in the Province of Maryland, 
at which first Meeting very little or no Business was done. 

And, on the 7th of the same October, the same 6 Commission- 
ers on each Side met again, for the 2d time, at Newtown ; and 
the said Agreement, and the Commissions, on both Sides, to the 
Commissioners, were read; at which time the said Samuel Ogle, 
who was and is the Lieutenant-Governor of Maryland under 
the Defendant, and the first-named of the Defendant's 7 Com- 
missioners, objected to the Validity of the Commission granted 
by the Plaintiffs, altho' in the very same Words (save only the 
Names of the Persons) with that to the Maryland Commission- 
ers ; because the Legatees of the 40, 000 Acres, devised by the 
Will of the Plaintiffs Father, who, by a meer Endorsement, had 
consented to the said Articles of Agreement, without being 
named as Parties to the said Agreement, had not join'd in 
granting the Commissions to the Commissioners; and, altho* 
the Commissioners on the Plaintiffs part shewed to the Mary- 
land Commissioners that the Agreement itself, executed by the 
Defendant, express'd that only the Plaintiffs should grant the 
Commissions, yet, the said Maryland Commissioners would 
not own themselves satisfied, but declared, and more particul- 
arly the said Samuel Ogle did, that he would advise further 
thereon. 

And, after this Objection had , been debated a considerable 
time, it was, at length, agreed by the said 6 Commissioners on 



BOUNDARY QUESTION. 45 

each Side, that the first Part of the Work directed by the Com- 
missions to be done was relating to the Circle about Newcastle, 
mentioned in the 2d Article both of the said Articles of Agree- 
ment and of the said Commissions; and the Plaintiff's Commis- 
sioners declared themselves ready to proceed thereon, and ac- 
quainted the Maryland Commissioners that they the Plaintiffs 
Commissioners had brought Surveyors and Artists with them, for 
that purpose; but the said Samuel Ogle, pretending that the 
principal Artist, on whom he depended, was sick, desired they 
might not proceed further, at that time, but that, as the Mary. 
land Commissioners should be employed in the publick Busi- 
ness of their Province, there should be no further Meeting 
until the 30th of that Month of October, the Plaintiffs Commis- 
sioners agreed (tho' unwillingly) to meet on that Day, and not 
before. 

But the Plaintiffs said Commissioners insisted that, before 
they broke up, a Minute should be made, of the then present 
Meeting and Adjournment, and that Clerks should be ap. 
pointed, to take Minutes of their whole Proceedings; and the 
said Samuel Ogle, and some others of the Maryland Commis- 
sioners, opposed these fair Proposals, on pretence that, as no Di- 
rections were given in the Commissions to the said Commis- 
sioners for the Employment of Clerks, he cou'd not see what 
power they had to appoint any \ 

And, notwithstanding the Plaintiffs Commissioners strongly 
urged the Usage and Practice, in executing all Commissions, 
and the Necessity of such a Method, to avoid Irregularity and 
Confusion, and to enable the Commissioners to give an impar- 
tial Account of their Proceedings, the said Maryland Commis- 
sioners persisted in their Refusal. 

And then the Plaintiffs Commissioners desired that a Com- 
missioner on each side might be appointed, to take the Minutes, 
and to interchange them; and this also, was objected to by the 
said Maryland Commissioners ; but the Plaintiffs Commissioners 
insisting thereon, and that some Notice of the then present. 
Meeting, and of their Adjournment, should be taken in Writing, 
the Maryland Commissioners did, at length, agree, that a short 
Memorandum thereof should be made, and one Commissioner 
on each side were directed to prepare it; which being done, 
and 2 Copies thereof made, the Plaintiffs Commissioners, in. 
sisted that the said Memorandum should be signed by the Com- 
missioners, or, at least by one of the Commissioners on each 
side; which the said Maryland Commissioners refused to con- 
sent to; and all that the Plaintiffs Commissioners could obtain 
from them was, that a Copy of such Memorandum, unsigned, 
should be left with the Commissioners on each side, and which 



46 PENNSYLVANIA AND MARYLAND 

contained, only, a Note of the Commissioners Meeting (and the 
Names of them) on the 6th and 7th of October 1732, and read- 
ing the Articles of Agreement and Commissions, and adjourning 
to meet at the Town of Newcastle on the 30th of October then 
Instant, without farther Notice, in order to proceed to mark 
out the Circle in the said Agreement mentioned. 

And, pursuant to that Adjournent, a Quorum of the Plaintiffs 
Commmissioners, and likewise a Quorum of the Defendant's 
Commissioners met, at Newcastle aforesaid, on Monday the 30th 
of October 1732, for the third time (and continued there to- 
gether till Thursday the 2d of November then next) in order to 
proceed (as the Plaintiffs well hoped) to mark out the Circle 
mentioned in the said Agreement; but the said Samuel Ogle 
opened the Conference, and as in the 2d Article of the said 
Agreement the Circle was said to be the Circle mentioned in 
the Charter for Pensilvania and the Deed of Feoffment from the 
Duke of York, he insisted it was necessary they should see that 
Charter and Deed of Foeffment; and this, as the Plaintiffs 
charge, in hopes that the same had been in Great Britain, and 
could not have been produced, but that the whole Winter, when 
the Leaves were off the Trees and the Work might be best done, 
might be spent in sending for the same ; and the Plaintiffs Com- 
missioners shewed that the said Agreement recited the necessary 
Parts of the said Charter and Deed, but the Defendant's Com- 
missioners insisted on what they had so desired ; whereupon 
the Plaintiffs Commissioners yielded to send up to Philadelphia 
for the Charter of Pensilvania and for an Exemplification of the 
Deed of Feoffment from the Records of New- York. 

And, at a 4th Meeting of the Quorums of the said respective 
Commisssioners on each side, at Newcastle, on the 31st of 
October 1732, in the Morning, the Plaintiffs Commissioners 
produced, to the said Maryland Commissioners, the said Deed 
of Charter, and Exemplification of the said Deed of Feoffment. 
which were compared with the Recitals in the said Agreement, 
and found, by the Maryland Commissioners, to agree exactly 
therewith; who then insisted on Copies of the descriptive Parts 
therein, which were drawn out, and delivered to them, and 
certified to be true Copies under the Hands of 2 of the Plain- 
tiffs Commissioners. 

And, then, it was proposed that the Commissioners should 
agree on a Place for beginning to run the 12 Miles distance, but, 
the Maryland Commissioners alledging they must further con- 
sider it, the Business was adjourned till 3 in the Afternoon. 

And, accordingly, a 5th Meeting, by Quorums of the said re- 
spective Commissioners, was had, that same 31st of October 
1732 in the Afternoon; when the Maryland Commissioners de- 



BOUNDARY QUESTION. 47 

elared they questioned whether, by their Commission, they had 
power to run the described Circle? for, as there could be no 
Circle without a Centre, that Centre must be first had, but 
that it was no where directed, by the Articles or Commission; 
and they conceived they had no power to make one. 

To which the Plaintiffs Commissioners answered, that the 
Commissioners being impowered and required to execute the 
Agreement, they were, consequently, impowered to do all things 
necessary to the performance of it; and that the former Ad- 
journment, from Newtown to Newcastle, was in order to pro- 
ceed to mark out the Circle ; and the Articled enjoined the Busi- 
ness to be begun in the Month of October, at farthest, and that 
they were then in the Afternoon of the last Day of October, 
and yet, nothing was done to any effect. 

But the Maryland Commissioners declared they had begun, 
but that they were under a difficulty how to proceed, and which 
appeared such, to them, as that they must further advise on it. 

And the Plaintiffs Commissioners declared themselves fully 
impowered to do all necessary things to the full Execution of 
their Commission, and desired, if the Maryland Commission- 
ers must consider, that, to save time, the Surveyors might be 
sent to measure the Town. 

But the Commissioners of Maryland did not consent to that, 
but, instead thereof, proposed that the Commissioners should 
walk about the Town, and view it ; which was done, and an Ad- 
journment made to the next morning. 

And, in the morning on the 1st of November 1732, a 6th Meet- 
ing was had, between Quorums of the said respective Commis- 
sioners; when the said Samuel Ogle declared that the Maryland 
Commissioners had advised, both with Lawyers and Mathema- 
ticians, who were satisfied that, as the Centre for the Circle 
was not directed by the Articles or Commissions, they, the 
said Maryland Commissioners, had no power to make one ; but 
that, as the Defendant was expected to arrive in Maryland, his 
said Commissioners thought it proper that they should apply 
to him, and if he would direct them to find a Centre, they 
would obey. 

And the Plaintiffs Commissioners observed, thereon, that the 
Proprietors, on both parts, had absolutely concluded an Agree 
ment, in full and clear Terms ; that they had given full Powers 
to their Commissioners, on both sides, to execute that Agree- 
ment ; and the better to enable them so to do, a printed Direc- 
tion of the Work was annexed, in the Margin, both of the Arti- 
cles and of the Commissions to the respective Commissioners. 
which was to be explanative and directive in case of any Diffi- 
culty; that the Town of Newcastle was fairly mark'd out in 



48 PENNSYLVANIA AND MARYLAND 

that Draught, with the Central Point in the middle of it, on 
which, the Circle in the Draught was drawn, and that it was 
easy to find the Centre, as it was there pointed out. 

But the said Samuel Ogle still continued to insist that he, 
and his Fellow-Commissioners, had no power to fix any Centre ; 
wherefore, they must first take the further Direction of their 
Lord-Proprietor; and, for that end, he desired that the Com- 
missioners might adjourn, that they might have an Opportunity 
so to do. 

That, in the Afternoon of the same 1st of November, Quorums 
of the same respective Commissioners had a 7th Meeting, at 
which the Plaintiffs Commissioners declared that the Proposals 
of an Adjournment was unexpected ; and desired, that Minutes 
might be taken of what had past ; but the Commissioners on 
the part of Maryland insisted that all Minutes were unnecessary, 
further than to enter the Meetings and Adjournments ; and the 
Plaintiffs Commissioners persisted to have Minutes taken, but 
in vain. 

And the Maryland Commissioners then proposed to adjourn 
for three whole Months, from that Day, the 1st of November, to 
the 1st of February following, then to meet at Newcastle ; which 
the Plaintiffs Commissioners took time to consider of till the 
next mornning. 

That, at an 8th Meeting, between Quorums of the said respec- 
tive Commissioners, upon the 2nd of November, the Plaintiffs 
Commissioners read over, and delivered, to those of the De- 
fendant, an Answer, in Writing, to their Proposals of such an 
Adjournment; wherein the Plaintiffs Commissioners insisted 
on their own full Power to execute the Articles, but declared 
expressly, that, as the Reason assigned for Adjournment was the 
general Expectation of the Defendant's Arrival in some short 
time in Maryland, whom his own Commissioners were desirous 
further to consult, the Plaintiffs Commissioners had so great 
a Regard for his Lordship, and so great an Esteem of his Hon- 
our, that, on that Consideration alone, they agreed to the Ad- 
journment proposed, namely, the 1st of Februrary ensuing, 
then to meet at the Town of Newcastle. 

And, before the Commissioners then parted, the Plaintiffs 
Commissioners produced, and read, to the Defendant's Com- 
missioners, the Minutes which they had taken and kept, and 
ask'd the Defendant's Commissioners, after those Minutes had 
been read, if they had any Objection to the Truth of those 
Minutes? In answer whei-eto the said Samuel Ogle said, he had 
nothing to say to any Minutes the Plaintiffs Commissioners 
should take. 



BOUNDARY QUESTION. 49 

And, then, the Defendant's Commissioners read a very short 
Minute they had prepared, to the Effect following, that, in 
pursuance to the former Adjournment, the Commissioners had 
met at Newcastle, to run the Circle, and that, Difficulties having 
arisen touching the same, they had adjourned to the 1st of 
February. 

Which short Minute was objected to by the Plaintiffs Com- 
missioners, as neither specifying what the Difficulties were, 
nor, on whose part, they were started. 

And, then, the said Samuel Ogle produced a Paper of Notes, 
as taken by himself; which being read it was found to contain 
a Note as if the Plaintiffs Commissioners had argued that the 
Charter and Deed for Pensilvania and Newcastle respectively, 
being recited in the Agreement, the Proprietors on both parts 
were bound by the said Recitals, whether true or false ; and the 
said Samuel Ogle ask'd, What the Grentlemen of Pensilvania 
could say to those Notes of his, containing as aforesaid? 

Whei-eto the Plaintiffs Commissioners insisted (as the Truth 
was and is) that no such Words nad ever been used by any of 
them. 

And the said Samuel Ogle replied that, tho' no such Words 
might have been used, yet (as he apprehended) they were con- 
sequential to what had been said; and then put up his Paper, 
without offering any other Minute, or any Amendment to that 
which he had so produced, on the Objection made by the Plain- 
tiffs Commissioners, and allowed by himself. 

That, very soon after the said 2d of November 1732, to wit, 
about the of the same Month, the Defendant did arrive in 

Maryland, and continued there for 5 or 6 Months together. 

During which Time, the Defendant did contrive, to and with 
the said Commissioners and others to the Plaintiffs unknown, 
how to evade, and avoid carrying the said Articles into Execu- 
tion ; and many Conferences were had, by the Defendant, to 
and with sundry of his said Commissioners, and others, in order 
to that end ; and to consider, likewise, how to avoid forfeiting 
the 50001. thereon; and many Proposals and Hints, for that 
purpose, were, during the Defendant's Stay in Maryland, and 
before his Arrival there, made to him, by his said Commission- 
ers and several other Persons; and and Encouragements and 
Advantages were offered or promised, or stated or pretended 
to be so, to the Defendant, by every one of his said Commis- 
sioners, and by many other Persons, if he would consent to 
defeat the Execution of the said Articles; which he did, at last, 
consent to, and ordered, advised, directed and intimated to his 
Commissioners, or some of them, that the}' should do all in 
thei^ power to avoid executing the said Articles. 
4— Vol. XV. 



50 PENNSYLVANIA AND MARYLAND 

That, after the Defendant's said Arrival in Maryland, and that 
his Commissioners had had Opportunities of consulting him, 
and they or some of them had actually consulted him, touch- 
ing the pretended Difficulties which they had started in the 
Months of October and November before, Quorums of his Com- 
missioners and of the Plaintiffs Commissioners did meet, for 
the 9th time, pursuant to the last Adjournment, at Newcastle, 
upon the 1st of February 1732, and appointed to enter on the 
Business next Morning. 

And Quorums of the same Commissioners met for a 10th 
time, at the Court-House of Newcastle, upon the 2d of the said 
Month of February ; when the said Samuel Ogle declared that 
the Business before the Commissioners was t he Circle of 12 Mile 
about Newcastle, and that he had, at the former Meeting, offered 
some Arguments, to shew that no Centre being fixed, the Com 
missioners, on either side, had no power to make one, and would 
be glad to know what the Plaintiffs Commissioners would say 
to that Point. 

And the Plaintiffs Commissioners, thereupon, put him in 
mind that, at the former Meeting, they had fully answered that 
Objection, and had consented to the long Adjournment he pro- 
posed, for no other Reason than to give the Commissioners for 
Maryland an Opportunity (they appeared very desirous of) to 
consult their Proprietor ; who being arrived, it might reasonably 
be hoped that his Commissioners were come fully instructed as 
to the fixing a Centre. 

Whereupon, that same Samuel Ogle, who had, so often before, 
insisted that the Defendant's Commissioners had not power so 
to do, and, for that very Reason had desired, and had, so long 
an Adjournment, during the Winter, when the Leaves were off 
the Trees, and the Business best to be done, declared quite 
the reverse, that the Defendant, having fully delegated his 
Power to his Commissioners, had left it to them to execute the 
Agreement, in such manner as they should contrive themselves 
by their Commission to be duly warranted to do, and that his . 
Lordship would not interfere therein. 

Which, if true, as pretended by the said Samuel Ogle, wa s 
either a wilful Refusal on the part of the Defendant's Commis- 
sioners to fix the said Centre and Circle, if they had power: or, 
if they had not power so to do, was a wilful breach of the said 
Articles on the part of the Defendant himself, who, according 
to the Tenor thereof, ought to have given his Commissioners 
power so to do, and ought to have interfered therein. 

And the Plaintiffs Commissioners, thereupon, declared to the 
said Samuel Ogle, that this Declaration of his was no other 
than what might have been expected, from the former Conduct 



BOUNDARY QUESTION. 51 

of the Maryland Commissioners ; but that the Plaintiffs Com- 
missioners were, still, of their former Opinion, that full Power 
was given, to the Commissioners, to fix a Centre ; and, if the 
Gentlemen of Maryland thought otherwise, it would be proper 
they should declare themselves. 

And the Plaintiffs Commissioners pressing them very much 
to declare, explicitely, the, said Samuel Ogle said that, tho' they 
(meaning the Maryland Commissioners) were not yet fully 
satisfied they had any power by their Commission to fix a 
Centre, yet, he wou'd wave that Point for the present, and talk 
a little about the Circle; and ask'd the Plaintiffs Commission- 
ers what they apprehended to be the Meaning of the Circle of 
12 Miles about Newcastle? and said that, for his part, he thought 
it plain, from the Words of the Feoffment to Mr. Penn, that 
the said Circle could not be construed to mean a Diameter of 
24 Miles; that he was pretty much a Strangers to things of 
that kind, but could not believe it to mean other than a Cir- 
cumference of 12 Miles, or, at most, a Diameter of 12 Miles. 

Whereto the Plaintiffs Commissioners answered, that such 
an Interpretation could never be admitted ; since, as well from 
the Grant of Pensilvania, and the said Deed of Feoffment, as 
from the Construction of the Proprietors of Pensilvania and 
Maryland thereof, it was abundantly evident, that the Circle 
was to be 12 Miles distant from the Town of Newcastle. 

But the Commissioners of Maryland replied, that the Words 
in the Agreement and Commissions, relating to the Circle, 
being either superflous or contradictory to those describing it 
in the Deed of Feoffment, were in themselves void. 

Whereto the Plaintiffs Commissioners answered, that, as the 
Plaintiffs had appointed them to execute the Articles agreed on 
between the Proprietors, which the Plaintiffs Commissioners 
conceived were directed in such clear and express Terms as left 
no room for Dispute, so the Plaintiff s said Commissioners were 
then fully prepared to do what their Commission enjoined them, 
but not to find Fault with what their Principals had conclude I 
on ; that the Principals, on both sides, had prescribed the man- 
ner of drawing and marking out the Circle, in Terms so full 
and plain as removed all Occasion for Doubts, by expressly 
agreeing that the Circle, mentioned in the Charter for Pensil- 
vania, and Deed of Bargain and Sale, or Feoffment of Newcastle 
(or so much thereof as was requisite) should be drawn and 
mark'd out at the distance of 12 English Statute Miles form the 
Town of Newcastle. 

And the said» Maryland Commissioners proposed, that Artists 
should give their Opinions touching the said Circle, and then 



52 PENNSYLVANIA AND MARYLAND 

the said Commissioners adjourned their Conference till the 
Afternoon. 

And, in the Afternoon of the same 2d of February, Quorums 
of the said Commissioners met again, for the eleventh time, 
when the Plaintiffs Commissioners desired those for Maryland 
to reduce into Writing, what it was that they would have Ar- 
tists consulted on? which they declined; then the Plaintiffs 
Commssioners found it highly necessary to insist, and did insist, 
that Clerks might be appointed to take Minutes, which would 
prevent Misunderstandings, and shew thereafter what had been 
transacted at the several Meetings ; but the Defendants Com- 
missioners, again, refused the same, and alledged there was 
no manner of Occasion therefore. 

Hereupon the Plaintiffs Commissioners urged that the Ob- 
jections to the Dimensions of the Circle should be stated in 
Writing ; but the said Samuel Ogle persisted, that it was need- 
less, he declaring that the Question was plainly thus, what was 
meant by the Circle mentioned in the Deed of Feoffment? 

The Plaintiffs Commissioners thereupon observed, that the 
Question was not truly stated ; for that the Direction, in the 
Commissions, was to run the Circle mentioned in the Charter 
for Pensilvania, and Deed of Feoffment, but not that in the 
Feoffment only ; and therefore, if they were to be recurred to, 
at all, the Deed and Charter should both be taken together; 
but that they conceived there was not the least reason, or oc- 
casion, to look further than their respective Commissions. 

However, at last, the said Samuel Ogle gave in his Question, 
in the following Words, What Circle is understood by these 
Words, viz : Enfeoff and Confirm, unto the said William Penn, 
his Heirs and Assigns for ever, all that the Town of Newcastle, 
otherwise called Delaware, and all that Tract of Land, lying 
within the Compass or Circle of 12 Miles about the same? Upon 
which the Commissioners parted, and agreed to meet in the 
Morning of the next Day (some naming 10 others 11, of the Clock 
for such Meeting) and to bring Artists on both sides, to hear 
Opinions touching the Circle. 

And the Paintiffs expressly charge that a Quorum of the Plain- 
tiffs Commissioners, particularly, the said Isaac Norris, Samuel 
Preston, and James Steele by name, did, in the Morning of the 
next Day, being the 3d of February 1732, about 11 of the Clock, 
meet, for the 12th time, a Quorum of the Defendant's Commis- 
sioners, in the said Court-house at Newcastle, pursuant to the 
last Adjournment, and, as the Plaintiffs Commissioners plainly 
perceived the Drift of the Defendant's Commissioners, who had 
repeatedly refused to admit Clerks to take Minutes of the Pro- 
ceedings, and to admit a Commissioner on each side to take 



BOUNDARY QUESTION. 53 

Minutes of the Proceedings, and had before taken private Notes, 
which (either by Accident, or Design) were false and untrue 
Notes or Minutes of what had past, so, the Plaintiffs Commis- 
sioners apprehended they could not be too careful to prevent 
more Mistakes; and, therefore, as the said Defendant's Commis- 
sioners seemed to insist so much on their Doubt about the Di- 
mensions of the said Circle, some others of the Plaintiffs Com- 
missioners (besides those three who were at the Court-house) 
were preparing, in a House nearly contiguous to the sauie Court 
House, the answer and Observations, in Writing, of the Plaintiffs 
Commissioners touching the said Circle, to be delivered to the 
said Maryland Commissioners in Writing, so as not to be liable 
to Wilful, or Accidental, Mispresentation ; and, as such Answer 
anil Observations were long, and it was necessary to keep a 
Copy of what should be so delivered, it took up some time to 
copy the same. 

And the Plaintiffs further charge that, during a part of that 
time wherein the said Observations of the Plaintiffs Commis- 
sioners were so Copying or Transcribing, the said Isaac Norris, 
Samuel Preston, and James Steele did meet, and were met, as 
aforesaid, pursuant to the last Adjournment, and were in Com- 
pany with a Quorum of the Commissioners of the said Lord 
Baltimore, in the said Court-house ; but the rest of the Plain- 
tiffs Commissioners, who were Transcribing the said Observa- 
tions, wanting a Paper, which the said James Steele had, sent 
to him, to the Room where the Commissioners on both sides were 
met and in Company together as aforesaid, for such Paper ;*and 
the said James Steele, thereupon, went for the said Paper to his 
House or Lodging, not Yards distant from the said Court 

House; and, at the same time the said James Steele went for 
the said Paper, the said Isaac Norris stept out of the Room 
where the Commissioners on both sides were met, and desired 
the said James Steele to hasten in the other Commissioners, who 
were to bring in the said Observations ; and the said Isaac Norris 
immediately returned again into the Room where the said 
Samuel Preston and the Commissioners for Maryland were ; and, 
in a few Minutes after, the said James Steele and two others 
of the Plaintiffs Commissioners going up, to meet their Breth- 
ren and the said Commissioners for Maryland in the said Court- 
house, met the said Isaac Norris and Samuel Preston, in re- 
gard to the said Samuel Ogle (for whom and his Brother Commis- 
sioners of Maryland the Plaintiffs Commissioners had, at many 
former Meetings, as the Plaintiffs Charge, and, particularly, 
but the Day before, waited an Hour or two, or more, after the 
time of Appointment and Adjournment before a Quorum of 
such Maryland Commissioners came) had taken the Advant- 



54 PENNSYLVANIA AND MARYLAND 

age of that short Interval of Time in which the said James 
Steele was called out of the Room as aforesaid, and he the said 
Samuel Ogle and his Brother Commissioners for Maryland 
had departed from the said Meeting Place, and retired to their 
Lodgings, in the said Town of Newcastle; and, at the time 
the said Samuel Ogle and the other Commissioners for Mary- 
land pretended to leave the said Place of Meeting, it then 
wanted near half an Hour of 12 of the Clock at Noon, of the 
same 3d of February 1732. 

And the Plaintiffs Commissioners then present with the said 
Maryland Commissioners, and particularly the said Samuel 
Preston, intreated the said Samuel Ogle and his Brother Com- 
missioners to tarry a little, but to no Effect. 
And the Plaintiffs further charge that, instantly, and imme- 
diately after the said Samel Ogle and his Brother Commission- 
ers of Maryland had so departed as aforesaid, one of the Plain- 
tiffs Commissioners, in the Presence of several Persons, waited 
on the said Samuel Ogle and three others of the Defendant's 
said Commissioners, and acquainted them of the Surprize their 
Departure had occasioned ; that if the said Lord Baltimore's 
Commissioners pretended there had been any delay, the Plain- 
tiffs Commissioners were then ready to meet them, and that a 
good deal of Business might, still, be transacted even before 
Dinner; and that the Maryland Commissioners could not but 
know that, on the then next Day before, the Plaintiffs Commis- 
sioners had waited for the said Maryland Commissioners a full 
Hour after the time adjourned to on the day before. 

But the said Samuel Ogle declared he could not think of 
meeting the Plaintiffs Commissioners till he should advise of 
the Matter, and that if, by any Failure in meeting, the Defend- 
ant had gained any Advantage, he should think himself to 
blame in giving it up. 

And the Plaintiffs Commissioners again pressed the Meeting, 
but the said Maryland Commissioners refused it. 

And the Plaintiffs further Charge that, upon the same 3d of 
February 1732 (pursuant to an Appointment made the Night 
before) the Plaintiffs Commissioners and the Defendant's Com- 
missioners dined together, in the same Town of Newcastle; and, 
as soon as Dinner was over, on the same Day, a full Quorum 
of the Plaintiffs Commissioners waited on a full Quorum of the 
Defendant's Commissioners, namely, on the said Samuel Ogle 
and Charles Calvert, and on Edward Jennings, Esq; (who had 
before been appointed by the Defendant as one of his Commis- 
sioners, in the room of another of his Commissioners pretended 
to be sick) at their Lodgings, at the House of William Bottel, 
Inn-keeper, at Newcastle aforesaid ; and, then and there, the 



BOUNDARY QUESTION. 55 

Plaintiffs Commissioners declared they had put their Thoughts 
in writing upon the Objection started the last Night by the 
Maryland Commissioners, and, at the same time, delivered a 
Copy thereof into the Hands of the said Samuel Ogle, who took 
and looked over some Parts of the said Writing; and, thereby, 
the Plaintiffs Commissioners (5 of whom had signed the same 
Writing) had answered the Objections made by the said Mary- 
land Commissioners; and the Plaintiffs Commissioners did also, 
thereby, declare themselves, to be ready, and offered them- 
selves, to proceed to the drawing and marking out the said 
Circle; and the Plaintiffs Commissioners desired the said 
Samuel Ogle and his Brother Commissioners to meet the Plain- 
tiffs Commissioners, in the said Court-house, or such other 
Place as they pleased. 

But the said Samuel Ogle declared, he did not look upon him- 
self to be obliged to appoint any other Meeting ; that if any Ad- 
vantage had arisen to his Constituent he could not answer it 
to the Defendant, or to himself, not to lay hold of it, and the 
said Samuel Ogle refused to appoint any Meeting. 

Whereupon the Plaintiffs Commissioners, instantly on the 
same 3d of February, served the said Samuel Ogle and Charles 
Calvert with a written Notice, or Summons, under the Hands 
of 4 of the Plaintiffs Commissioners, to meet, that same Even- 
ing, at 6 of the Clock, in the said Court-house, and the Plain- 
tiffs Commissioners, likewise, gave notice of the said Summons 
to three other Commissioners of Maryland, then at Newcastle; 
but the said Samuel Ogle refused to take the said Notice 
or Summons into his Hands; whereupon he was acquainted of 
the Contents thereof, and the same Notice or Summons (after 
being tendered to, and refused by, him) was, in his Presence, 
laid down upon a Chair near him. 

And the Plaintiffs Charge that, at 6 o' Clock that same Even- 
ing, being still the 3d of February 1732, and from 6 o'Clofk till 
past 8 of the Clock the same Evening, the Plaintiffs Commis- 
sioners did meet and wait, in the said Court-house, pursuant 
to the said written Notice or Summons, but no one of the said 
Maryland Commissioners did come, or send, there, during all 
that Time, altho' 5 of the said Maryland Commissioners were 
then in the said Town of Newcastle. 

And the Plaintiffs further Charge that the Plaintiffs Commis- 
sioners, being determined to leave the Defendant's Commission- 
ers without Excuse, did, that same Evening of the 3d of Feb- 
ruary 1732, about 9 o' Clock, personally serve a Quorum of the 
said Maryland Commissioners, namely, the said Charles Calvert, 
Benjamin Tasker, and Edmund Jennings, with a written Notice, 
signed by 4 of the Plaintiffs Commissioners, to proceed on the 



56 PENNSYLVANIA AND MARYLAND 

said Commissions upon the Monday Morning then next, being 
the 5th of February 1732, at the said Court-house, at 10 
of the Clock in the Forenoon ; and a Copy of the said last men- 
tioned Notice was also left at the Lodgings of the said Michael 
Howard, a 4th of the said Maryland Commissioners, and which 
Notice afterwards came to his Hands ; and another, or 5th Copy 
of the same, was endeavoured to be served on the said Samuel 
Ogle: but a Message being sent in to him, and he acquainted 
thereof, he refused to be seen or to be served therewith, saying, 
that it was an unseasonable Time, and he would receive no Mes- 
sages; altho', as the Plaintiffs charge, it was then but a little 
after 9 at Night, and he was then playing at Tables with the 
said Michael Howard. 

And the Plaintiffs Charge that the Plaintiffs Commissioners 
met, and were, at the said Court-house, on Monday the 5th of 
February 1732, pursuant to the said last Notice, and stayed 
there a considerable time, and afterwards stayed in the said 
Town of Newcastle that whole Day, and great part of the next ; 
but found (as the Truth was and is) that every one of the De- 
fendant's Commissioners had, on the Sunday before, gone out 
of the Town, and returned to Maryland, without any the least 
Notice to the Plaintiffs Commissioners of such their Intention 
so to do. , 

And the Plaintiffs further Charge that, when the Defendant's 
said Commissioners returned to Maryland, the Defendant was 
then in Maryland, and was acquainted with their Behaviour 
as aforesaid, or with so much thereof as they thought proper 
to acquaint him of ; whereupon, on the 15th of the same Febru- 
ary, he the Defendant writ and signed a Letter to the said 
Patrick Cordon, pretending that, at other former Meetings, the 
Commissioners had accustomed to meet at 10 of the Clock in a 
Morning, and that tho' the Plaintiffs Commissioners had met, 
on Saturday the 3d of the said Month of February, yet, that one 
of the Plaintiffs Commissioners (meaning the said James Steele, 
who was sent to for a Paper as aforesaid) had left the Company 
at the very Instant his the Defendant's Commissioners desired 
to proceed on Business ; which the Defendant therein magnifies 
to the greatest Degree, but took no manner of Notice of the 
many verbal Notices and Requests, and of the two different, 
and subsequent, written Notices, given by the Plaintiffs Com- 
missioners to the Defendant's Commissioners, on the same 3d 
of February. And the Defendant writ, in his said Letter, that, 
were he inclineable to make the strict Use of that Failure, he 
might not only disregard any further Notice, but intitle him- 
self, immediately, to the Forfeiture, but that he thought him- 
self happy in being then in his Province, that he might do, 



BOUNDARY QUESTION. 57 

what perhaps his Commissioners could not, which was, to re- 
cede from the Advantage he might claim ; wherefore, he was 
willing, and thereby offered, and had accordingly given Direc- 
tions to his Commissioners, to meet the Plaintiffs Commis- 
sioners, at the Town of Joppa in Maryland, on the first Mon- 
day in May. 

And the Plaintiffs Charge, that he the Defendant neither had 
Power to appoint any Meeting (his whole Power being given 
to his Commissioners) nor did intend that the Commissioners 
should meet there, which would be a very vain thing too, as the 
first Point to be fixed was the Center in Newcastle Town whereas, 
upon enquiry, Joppa was discovered to be very near 70 Miles 
from Newcastle, and a Village of a very few Cottages in it, 
without Houses and other reasonable and fitting Accommoda- 
tions, either for Gentlemen, or their Cattle; but the Plaintiffs 
charge that the said Defendant writ that Letter, and pretended 
thereby to relax his Right, out of a Consciousness that his own 
Commissioners had not proceeded with that fairness, candour, 
and dispatch which he had covenanted by his Articles they 
should use, and with a View to accept of Notice from the Plain- 
tiffs Commissioners, and to revive the Meetings of the Commis- 
sioners again, lest he himself (and not the Plaintiffs) should 
forfeit the said 50001. 

And the Plaintiffs further Charge that, at the very time of 
the said Defendant's writing the said Letter, himself had de- 
clared, to several Persons, that his Commissioners should meet 
again, merely to prevent his own incurring the said Forfeiture, 
or to some such or the like effect. 

And the Plaintiffs further Charge that, after so many wilful 
and obstinate Failures on the Part of the Commissioner of the 
Defendant, all the Commissioners on the Plaintiffs part, in 
order to leave the said Defendant (who was then in Maryland) 
without the least Shadow of Excuse, did, on the 28th of March 
1733, sign a Notice to his Lordship's Commissioners, recapitu- 
lating the Proceedings of the said 3d of February, and declar- 
ing, that the Plaintiffs Commissioners would attend, at New- 
castle (which was therein truly mention'd to have been, by the 
joint Consent of the Commissioners on both sides, acknowl- 
edged to be the only proper Place for beginning the business 
then immediately before the Commissioners) on the 16th of 
April then next, which Notice was personally served on six of 
the Defendants Commissioners in Maryland ; in return whereto 
the Defendant's Commissioners sent (by the Messenger of the 
Plaintiffs Commissioners) a cross Notice, to meet at Joppa on 
the 7th of May — . 



58 PENNSYLVANIA AND MARYLAND 

And the Plaintiffs Charge that their Commissioners, or a 
Quorum of them, repaired to Newcastle, and attended there 
the whole Day of the 16th of April 1732, pursuant to their own 
Notice, but no one of the Commissioners for Maryland appeared, 
or was then there. 

And the Plaintiffs Charge that five of the Plaintiffs Commis- 
sioners went to Joppa, at great Inconvenience, and met a 
Quorum of the said Maryland Commissioners, on the said 7th 
of May 1733, and the said Samuel Ogle said that, what had past 
at there last Meeting, at Newcastle, was about the Circle, and 
that the Commissioners, were now met to treat on that Subject, 
and learn each other's Sentiments on it ; and he ask'd the Plain- 
tiffs Commissioners, whether they would run any other Circle 
than one at 12 Miles distance from Newcastle? 

And it was insisted on, by the Plaintiffs Commissioners, and 
at length granted by those for Maryland, that the Question 
should be put into Writing; which was done, and was delivered 
(signed by one of the Commissioners for Maryland.) 

To which the Plaintiffs Commissioners returned a written 
Answer, signed by one of their Number, stating the very Words 
of the said Articles of Agreement, relating to the said Circle, 
and returning for Answer to the said Question, that the Plain- 
tiffs Commissioners were ready, and offered themselves, to run 
out the said Circle, according to the said Articles of Agree- 
ment, and did not conceive they were directed to run any other 
Circle than the said Circle mentioned in the said Articles. 

Whereupon, the said Samuel Ogle said he, and his Brethren, 
would take time to consider, and the Commissioners adjourned 
till next Morning:. 

And on the 8th of May, Quorums of the said respective Com- 
missioners being again met, at Joppa, the said Samuel Ogle 
said, he did not perfectly understand the said Answer, and 
that his and the Plaintiffs Commissioners Sentiments, about 
the Circle, seemed to differ much. 

To which the Plaintiffs Commissioners answered, that the 
Directions, in the Articles of Agreement, were so exceedingly 
plain, that they could not be easily mistaken. 

And the said Maryland Commissioners insisted, that the\ 
Circle, in the Deed of Bargain and Sale or Feoffment of New- 
castle, was the Circle directed to be run; and that, by the said 
Deed, it was evident the same was not a Circle of 24 Miles Di- 
ameter, and, therefore they insisted (most surprizingly) that 
the Directions, in the Articles, to run the same at the distance 
of 12 Miles from Newcastle, were repugnant to that Deed, and 
void in themselves. 



BOUNDARY QUESTION. 59 

And they, being asked what they conceived to be the Dimen- 
sions of the Circle mentioned in the said Deed? answered, that 
it could mean no other than a Circle whose Circumference was 
12 Miles. 

And the Plaintiffs Commissioners answered, and shewed, that, 
as well in the Charter for Pensilvania, as in the two several 
Deeds from the Duke of York, the Circle was plainly described 
to be a Circle of 12 Miles distance from Newcastle, and that so 
King Charles the Second, and the Duke of York, understood 
it; and' they, the Plaintiffs Commissioners, conceived the 
common Acceptation of the Words in the Deed would construe 
them, and that, admitting the least Doubt could be raised on 
it, yet, the Proprietors, on both sides, having an absolute Right 
to determine it, they liad fully settled, that Point, by direct- 
ing the same to be run at the distance of 12 Miles froni New- 
castle. 

And the Defendant's Commissioners replied, that they could 
not believe it was the intention of the Proprietors to deviate 
from the Description of the Circle mentioned in the Deed of 
Feoffment. 

To which the Plaintiffs Commissioners again answered, that 
the Article was no deviation from it, for that Circle having been 
always understood to be a Circle of 12 Miles Radius, the Pro- 
prietors had accordingly declared it to be of that Dimension ; 
and that it was very difficult to account why the Commissioners 
should take upon themselves, to find fault with what the Pro- 
prietors on each side had done, or pretend to understand the 
same better than those who, being so deeply interested in the 
Affair, had undoubtedly well considered it. 

To which the said Samuel "Ogle said that, the Persons em- 
ployed in drawing up the Agreement were to blame, and that 
many an honest Gentleman, trusting too much to others, had 
been led into Mistakes ; and that he must believe the Proprie- 
tors never intended to have any other Circle run than that men- 
tioned in the Deed of Feoffment, (whereas as the Plaintiffs ex- 
pressly Charge, the Defendant himself, in his own written Pro- 
posal, previous to the said Articles of Agrement had, twice 
over, plainly exprest that the Circle should be 12 Miles distant 
from Newcastle, and so it had always been understood by him- 
self, and others, concerned in the Transaction, previous to the 
settling the said Articles of Agreement.) 

And, then, the said Samuel Ogle, leaving this first Matter 
thus undetermined, and which was to govern the whole 
Work, proposed that the Plaintiffs Commissioners should pro- 
ceed to Cape Henlopen, at the bottom or South part of all the 
said three lower Counties and try if they could not better agree 



(30 PENNSYLVANIA AND MARYLAND 

on the Execution of that Part of the Articles which directed a 
Line to be drawn from thence a-cross the Peninsula; where- 
upon on the same 8th of May 1733, five of the Plaintiff's 
Commissioners drew out, and signed, and delivered to the De- 
fendant's Commissioners a Request, in Writing, (dated at Joppa 
the said 8th of May) to join in drawing and marking out the 
said Circle, at the distance of 12 Miles from the said Town of 
Newcastle, as by the said Articles was agreed and directed, and, 
then, to proceed to the running and marking out the other 
Lines in the said Articles directed and agreed to be run, as in 
that Agreement was directed; and that, if the Defendant's 
Commissioners rafused so to do, that they would satisfy the 
Plaintiffs said Commissioners why they would not? 

And, on the same 8th of May, four of the Defendant's Commis- 
sioners signed, and delivered, a Writing to the Plaintiffs Commis- 
sioners, insisting that the Agreement meant no other Circle 
than that mentioned in the Deed of Feoffment; which Circle, 
they said, they had not refused to mark out, but desired the 
Plaintiffs Commissioners to agree with them in the drawing it 
out. And, then, the Commissioners adjourned till the After- 
noon of the same Day. 

That, on the Afternoon of the same 8th Day of the same Month 
of May 1733, the Commissioners, on both sides, being met, the 
Commissioners of Maryland, lest their last Paper should have 
given up the Point so long and unreasonably contested by them, 
delivered to the Plaintiffs Commissioners another written, or 
signed Offer and Proposal to ran out a Circle; and, therein, 
they precisely mention it to be a Circle, whose Circumference 
should be 12 Miles about Newcastle. 

Which Paper the Plaintiffs Commissioners answered, the 
same Day, in Writing ; insisting that that was not the Circle they 
were directed to run by the said Articles, but that the Circle 
they were to run was one whose Radius (not Circumference) 
was 12 Miles; which Circle, only, the Plaintiffs Commissioners 
declared they conceived themselves warranted to run, and 
offered to do ; and an Adjournment being then proposed, by 
the said Samuel Ogle, -who pretended to have Engagements to 
wait on his Proprietor on a Visit to the Governor of New-York, 
the Plaintiffs Commissioners, (after Expostulating with the De- 
fendant's Commissioners for dragging them to Joppa, a Place 
at great distance from the Business, and destitute of Accommo- 
dations, and Necessaries, and then doing nothing but repeat- 
ing their former repeatedly answered Objecti :>ns, and moving, 
presently, to adjourn (did agree to adjourn, but the Night was 
so far spent in Debate, that a Minute of Adjournment could 
not, that Night, be settled. 



BOUNDARY QUESTION. 61 

But, upon the next Day, being the 9th Day of the Month of May 
1733, the Commissioners, on both sides, met, and a Minute of 
Adjournment was agreed to, for meeting at Philadelphia on the 
21st of May then Instant ; under a Proviso, that if the Maryland 
Commissioners could not return from Burlington, so as to meet 
on that Day, then, the next meeting was to be at Philadelphia, 
but upon such other Day (before the Maryland Commissioners 
return into Maryland) as the Maryland Commissioners should 
appoint ; and under another Proviso, that the Maryland Com- 
missioners should not be stayed, above one Day, from return- 
ing home; and that the next Adjournment should be, into New- 
castle County, for the 18th Day of June then following. 

Which Adjournment was requested by, and agreed to for 
the Convenience of, the said Maryland Commissioners, and them 
only. 

But the said Maryland Commissioners, not returning so soon 
from Burlington as the 21st of the said May, sent to the Plain- 
tiffs Commissioners a Notice, of the 25th of the said May, to 
meet them, the then next Day, at Philadelphia. 

And, accordingly, on the 26th of May 1733, the Commission- 
ers, on both sides, met, at Philadelphia, and, then, the Mary- 
land Commissioners pretended, that their Proprietor intended 
to return very soon to England, and that some of his Commis- 
sioners were to attend him to Virginia, and, therefore, that the 
next Adjournment, which was to have been for the 18th of June, 
would be extremely Inconvenient, to them ; whereupon so candid 
were the Plaintiffs Commissioners through the whole Proceed- 
ing, that they agreed to adjourn to the 3d of September then 
next, and a Minute of Adjournment was made, to meet then at 
Newcastle. 

That, in the Morning of the 3d of September 1733, Quorums 
of the said Commissioners, on each side, met at Newcastle, and 
the Plaintiffs Commissioners proposed to proceed, but the said 
Maryland Commissioners desired that what was proposed should 
be reduced into Writing, and then adjourned till the Afternoon. 

And the Commissioners, on both sides, met again in the After- 
noon of the same Day, when the Plaintiffs Commissioners de- 
livered to those for Maryland, a Paper, in Writing, acquaint- 
ing 1 them that they the Plaintiffs Commissioners were ready 
with their Artists to proceed, immediately, to run out the Cir- 
cle mentioned in the said Charter and Deed, at the distance of 
12 Miles from Newcastle ; and mentioned in the said Paper that, 
as a great part of the time appointed for executing the said 
Articles was then elapsed without any Progress made, therefore, 
the Plaintiffs Commissioners earnestly desired and prest the 
Commissioners of Maryland to join with them in the said Work> 



62 PENNSYLVANIA AND MARYLAND 

that no more time might be lost; and, then, the said Commis- 
sioners adjourned till next Day. 

v And, upon the 4th of September 1733, the Commissioners, on 
both sides, met again, and the said Maryland Commissioners 
delivered to the Plaintiffs Commissioners a Paper, in Writing, 
again insisting that the Circle, to be run, was (as they said they 
were informed and convinced by Mathematicians) no other than 
a Circle whose Circumference or Periphery was 12 Miles, and 
whose Diameter was somewhat less than four Miles, and, that 
Circle, the said Maryland Commissioners did thereby declare 
themselves ready to proceed to run and mark out. 

Whereupon the Plaintiffs Commissioners desired to see that 
Opinion of Mathematicians, which the said Maryland Commis- 
sioners pretended to be so convinced by, and had a short Query 
and Answer delivered to them, with the Names of Hugh Jones 
and William Ramsey, thereunder, upon the Words of the said 
Deed of Feoffment only, that they understood the Term Circle, 
in the said Feoffment, to mean a Circumference or Area, and, 
as there exprest, to be limited to a Circumference or Periphery, 
there called Compass about, the Diameter of which Circle, or 
Compass about, was (as they apprehended) somewhat less than 
four Miles; which the Plaintiffs charge was not a fair Question 
put to the said two Persons, neither were they indifferent Per- 
sons, but Dependants on the Defendant, and the Plaintiffs 
Commissioners made some verbal Remarks thereon, and, then, 
the Commissioners adjourned till the Aftei*noon. 

And, in the Afternoon of the same 4th of September 1733, the 
Commissioners being again met, the Plaintiffs Commissioners 
delivered, to those for Maryland, a written Paper, containing 
their Reasons why this Question did not fall under the Cog- 
nizance of Mathematicians, as such, and, then, the Commis- 
sioners adjourned till next Morning. 

And, upon the 5tb of September 1733 in the Morning, the 
Commissioners being again met, those for Maryland returned 
their Answer, in Writing that they were not satisfied with the 
Reasons offered by the Plaintiffs Commissioners, but insisted 
on their own former Opinion as to the Circle, and, then, the 
Commissioners adjourned till the Afternoon. 

At which time they met, and, after further Discourse, ad- 
journed to the next Morning.. 

And, upon the 6th of September 1733, the Commissioners on 
both sides met again, at which time the Plaintiffs Commissioners 
delivered a signed written Paper, insisting on the Circle as they 
had before insisted, and requested the Maryland Commissioners 
either to join in running such a Circle, or directly to declare 
they would not. 



BOUNDARY QUESTION. 63 

And the Maryland Commissioners delivered a Question in 
Writing, to the Plaintiffs Commissioners, desiring to know 
whether they would not consent to run out any Circle, but one 
whose Radius was 12 Miles? 

And the Commissioners separated, for a short time, and then 
met again, the Maryland Commissioners delivered to the Plain- 
tiffs Commissioners a written Answer, that they would not agree 
or join to run or mark out a Circle at the distance of 12 English 
Statute Miles from the Town of Newcastle. 

• And the Plaintiffs Commissioners, on their Parts, delivered in 
their Answer in Writing, that they could not agree to run any 
other than a Circle at the distance of 12 Miles from Newcastle. 

And then, the Commissioners for Maryland proposed an Ad- 
journment, the Minute for which was to be brought in by each 
side at their Meeting that Afternoon. 

And, accordingly, the Commissioners on both sides did meet 
that same Afternoon, and after much Debate, a Minute of Ad- 
journment, to meet at Newcastle on the 14th of November then 
next, was signed. 

That the Commissioners on both sides, or sufficient Quorums 
of them, did meet, at Newcastle, on the said 14th of November 
1733, and on the 15 ch and 16th of the same Month, and con- 
tinued to meet, debate and adjourn during those three last men- 
tioned Days and the Commissioners on each side appearing fixed 
in their former Sentiments, respectively, the Commissioners for, 
Maryland, thereupon, frequently declared, that, as the Plain- 
tiffs Commissioners would not join with them in running the 
Circle they contended for, it was to no purpose to continue any 
longer together, and therefore proposed that the Commissioners 
should depart, without Adjournment. 

But the Plaintiffs Commissioners refused to agree thereto. 

And, then, the Commissioners for Maryland delivered a Writ- 
ing, whereby they proposed and offered to the Plaintiffs Commis- 
sioners to proceed to Cape Hinlopen, in order to proceed in 
fixing the Cape, and running the East and West Line directed 
by the third Article of the Agreement to be run from thence, 
and, then, adjourned to the next Day. 

And, on the 17th of November 1733, the Commissioners on 
both sides met again, and the Plaintiffs Commissioners delivered 
to those for Maryland a written Paper, recapitulating many parts 
of the Conduct and Behaviour of the said Maryland Commis- 
sioners from the first meeting, and giving the Reasons why the 
Plaintiffs Commissioners could not proceed to other Business 
and Lines (which were to be directed and governed by the Cir- 
cle) until the Circle it self was fixed as directed in the said 



64 PENNSYLVANIA AND MARYLAND 

Articles; and, then, the Commissioners adjourned till the 19th 
of November. 

And, on the 19th of November 1783, the Commissioners met 
again on both sides, and the said Maryland Commissioners de- 
livered a long Answer, in writing, tending to excuse, or palliate, 
their Conduct and Behaviour, and with Remarks that no Min- 
utes, taken, mentioned many Facts which had really past, and 
which the Plaintiffs Commissioners had insisted on in their last 
Paper (whereas that was one of the Complaints made by the 
Plaintiffs Commissioners, that those for Maryland had refused to 
let any Clerk, or even two Commissioners, one on each side, take 
Minutes) and concluded the same with an express Declaration 
that, in their Opinion, no other Consequence could arise from 
the Differences in Judgment between them, and the Plaintiffs 
Commissioners, and the Plaintiffs Commissioners refusal to pro- 
ceed to Capt Hinlopen, than that, either the said Commission- 
ers should continue at Newcastle until the 25th of December 
1733, without running the Circle, or, depart from Newcastle 
without further Adjournment; the which they left to tiie Con- 
sideration of the Plaintiffs Commissioners, and, then, the Com- 
missioners adjourned till the next Day. 

And, on the 20th of November 1733, the Commissioners on 
both sides met again, and adjourned to the next Day after. 

And, on the 21st of November 1733, the Commissioners on 
both sides again met, and the Plaintiffs Commissioners delivered 
to those for Maryland, a written Paper of Observations and 
Arguments upon many parts of the Proceedings and Papers, 
and the Commissioners adjourned to the next Day. 

And, on the 22d of November 1733, the Commissioners met on 
both sides again, and those for Maryland delivered to the Plain- 
tiffs Commissioners another long Paper, and the Commissioners 
adjourned till the next Day. 

And, on the 23d of November 1733, the Commissioners on both 
sides met again, and the Plaintiffs Commissioners delivered to 
those for Maryland the Answer, to the last Paper, and then, the 
Commissioners for Maryland proposed that, since the Commis- 
sioners had continued so long together in exchanging of Papers, 
to no manner of purpose, being still as far from agreeing as ever, 
they should then depart. 

Whereupon, it was agreed that a Minute should, by mutual 
consent, be prepared against the next Day, to which time the 
Commissioners adjourned. 

And, upon the 24th of November 1733, the Commissioners met 
for the last time, and signed a Minute; which recited the said 
Articles of Agreement, and the Original Commission granted 
by the Defendant to his Commissioners, and the Original Com- 



BOUNDARY QUESTION. 65 

mission granted by the Plaintiffs to their Commissioners, and 
reciting the Meeting between the Commissioners on the 6th of 
October 1732 and other subsequent Meetings ; and reciting several 
subsequent Appointments of some particular Commissioners 
for Maryland, in Place of others who were sick or dead or could 
not attend; and that since the Meetings at Newcastle, divers Ap- 
pointments and Adjournments had been made, and sundry Pro. 
positions and Debates at their several Meetings had passed, and 
that five Commissioners on each side had met at Newcastle on 
the 14th of November then Instant, where, resuming their former 
Debates, and making divers Propositions to each other from 
the said 14th to that present 24th of November, each side con- 
tinued to persist in their former Opinion, that is (as is expressed 
in the said Minute) the Commissioners on the part of Pensilvania 
insisted, as they always had done, in running and marking out 
a Circle (or so much thereof as should be requisite) at the dis- 
tance of 12 English Statute Miles from the Town of Newcastle, 
as in the second Article of Agreement is directed, as the only 
Circle they conceived themselves impowered to run; and that 
the Commissioners for Maryland, on their part, insisted, as at 
former Meetings they had done, upon running a Circle (or so 
much thereof as should be requisite) whose Periphery or Cir- 
cumstances is 12 Miles only, or whose Diameter is somewhat 
less than 4 Miles, as the only Circle meant in the Deed of Bar- 
gain and Sale and Deed of Feoffment for Newcastle, and as the 
only Circle intended by the Proprietors in the said Articles; 
which Circle the Commissioners of Maryland conceived them- 
selves only impowered to run ; and that, under that difference 
of Judgment, the Commissioners of Pensilvania having refused 
to proceed to Cape Hinlopen, in order to fix the Cape and run 
the East and West Line, because, they said, for the Reasons by 
them assigned, it could be to no manner of purpose. The Com- 
missioners of Maryland were of Opinion that, no other Conse- 
quence would arise, than, either that the Commissioners should 
continue at Newcastle, until the said 25th of December next, 
without running the said Circle about Newcastle; or, depart 
from Newcastle without further adjournment; and, as the last 
11 Days, since the 14th then Instant inclusive, had passed in 
Debates that had not in the least tended to any nearer Agree- 
ment between the Commissioners, and the time limited for exe- 
cuting the said Articles was then so near expiring that, even 
with the utmost Industry and Application, it would, scarce, 
by any means, be found practicable to run and mark out and 
fix all the several Lines in the Articles agreed and required to 
be done. Therefore upon the whole, the Commissioners, on 
5— Vol. XV. 



66 PENNSYLVANIA AND MARYLAND 

both sides, under those Circumstances, did thereby agree that 
it could not answer any of the Purposes intended by the said 
Articles to continue longer together, and that they, therefore. 
thought ( it proper to depart, without further adjournment, 
and leave the Conduct of the Commissioners, on both sides, and 
their Endeavours, used towards the execution of the said Arti- 
cles of Agreement, t the Justice and Wisdom of their Super- 
iors. 

As by the said parting Minute, which is dated the 24th of the 
said Month of November 1733, and the said other Papers, Pro- 
posals and Writings, interchanged between the said Commis- 
sioners, had the Plaintiffs the same to produce, relation being 
thereunto had respectively, might and would more fully and 
at large appear. 

And thus, as the Plaintiffs Charge, the Meetings, between 
the Commissioners on both sides, were put an end to, and there- 
by the Circle, Lines and Bound-marks were not run, markt, or 
laid out by the 25th of December 1733, within the time cove- 
nanted and agreed by the said recited Articles for the doing 
thereof, nor are yet run and markt out. 

But the Plaintiffs expressly charge and insist, that the not 
running and marking out the said Lines, within the time afore- 
said, was in no sort occasioned by the Non-attendance of the 
Plaintiffs Commissioners from time to time pursuant to the Ad- 
journments made, or, from any Default whatever on the part 
of the Plaintiffs, or of their Commissioners, but purely and 
simply from a difference in Opinion between the Commissioners 
on each side (as those for Maryland pretended) namely, whether 
the Commissioners were to mark out the Circle at 12 Miles dis- 
tance from Newcastle (as the Articles and the Commissions 
most plainly, positively and expressly mentioned they were) or, 
at less than two Miles distant therefrom? 

But, notwithstanding such difference, or pretended difference, 
in Opinion, the Said Articles of the 10th of May 1732 did, and 
do now, subsist in full Force and Vertue. 

And the Plaintiffs further charge that the said pretended 
difference of Opinion of the Maryland Commissioners, from 
that of the Plaintiffs Commissioners, was nothing but a meer 
Pretence and Artifice, purely to avoid executing the Agreement ; 
and which Endeavour to that end had been before proposed, 
directed and consented to, by the Defendant himself, as a means 
to spin out the time mentioned in his Agreement, and avoid 
complying with his own Proposal, and solemn and deliberate 
Agreement aforesaid. 

And the Plaintiffs Charge that the first News which arrived 
in Great Britain after Christmas 1733 of the expiration of the 



BOUNDARY QUESTION. 67 

time, mentioned in the Articles for running the Lines, being 
expired without their having been run, having arrived in 
May 1734, the Plaintiffs John and Richard Penn, both in Great 
Britain, did receive, at the same time, many Accounts of the 
great dissatisfaction, troubles and uneasiness which the expira- 
tion of the said time without the Lines having been run had 
given to their Tenants and Occupiers of Land there, and who re- 
fused to pay to the Plaintiffs even those very small Quit-Rents 
which had been reserved upon the Grants in Fee made by the 
Plaintiffs and their late Father to such Tenants and Occupiers ; 
in so much, that for the quieting the Minds of the People in 
the said three Lower Counties, as well as for preserving the 
Plaintiffs Right to the Premisses, the Plaintiff John Penn, the 
eldest Brother, at very great Inconvenience, was also obliged 
to go from Great Britain to Pensilvania, and did go on Board 
a Ship on such intended Voyage upon the 9th of July 1734, and, 
some time after, arrived there. 

And, after such the Plaintiff John Penn's departure, the only 
one of the Plaintiffs who then was, or yet is, in Great Britain, 
was the Plaintiff Richard Penn, the youngest of the three Broth- 
ers, who was but lately come of age, and had no Knowledge of 
these old and intricate Disputes and Transactions. 

And the Defendant did know, and hear, both of the Plaintiff 
John Penn's said departure for Pensilvania, and also that the 
Plaintiff Thomas Penn was, and for about two Years before 
had constantly been, in Pensilvania. 

And, thereupon, he the Defendant did as the Plaintiffs have 
since discovered, upon the 8th of August 1734 (which was with- 
in less than a Month after the Plaintiffs John Penn's said de- 
parture) present, or cause to be presented, a Petition, to his 
present most Excellent Majesty in the Name of the said De- 
fendant, stating the Charter for Maryland in such manner as 
he thought proper, and alledging that some Matters appeared 
by an Order in Council of the 4th of April 1638, relating to one 
William Clabourne and the Isle of Kent (although there is no 
such Order) and stating some part, and a part only, of the said 
Report and Order made in the Year 1685, but, leaving out the 
most essential and material Parts thereof, in the very middle and 
heart of the same, and particularly those Words whereby it was 
declared that the said three Lower Counties had, ever since the 
Charter for Maryland, been possessed by Christians down to 
that Year 1685, and had continued as a distinct Colony from 
Maryland; and stating that if, at the time of the Charter for 
Maryland, any part of the Tract of Land, mentioned in the 
said Report, was inhabited by Christians, yet, that they were 
not Subjects of the Crown of England, but Swedes and Dutch- 



68 PENNSYLVANIA AND MARYLAND 

men. or other Subjects of Foreign Nations ; and, therefore, as the 
said Charles Lord Baltimore suggested, (though most untruely) 
by his said Petition, that the whole of that part of the said 
Peninsula was plainly described within the Limits of the said 
Grant of Maryland, so that he conceived the same was intended 
to pass, and did pass, by that Charter, he by his said Petition, 
besought his Majesty, by a further Charter or Letters Patent, 
to confirm to the Defendant his Heirs and Assigns the whole of 
such part of the said Peninsula as was contained within the 
Limits of the said Maryland Charter, notwithstanding the said 
words of Hactenus inculta in the Recital thereof inserted. 

And the Plaintiffs Charge that the Defendant by his said Pe- 
tition omitted to name the Plaintiffs therein, or their Father, 
or the said Province of Pensilvania, or the said three Lower 
Counties of Newcastle, Kent and Sussex, nor took any Notice 
of his own solemn Agreement of the 10th of May 1732, and con- 
cealed the whole of his said Agreement, whereby, for such valu- 
able Considerations, he had released to the Plaintiffs in Fee the 
said three Lower Counties by express name, and all his Right, 
and all his Pretences thereto, and had covenanted to make 
further Assurance of the same and had covenanted, by all means 
in his Power to support the Interest of the Plaintiffs in and to 
the same by Vei-tue of and under the said Agreement, and also 
concealed every Tittle of the Plaintiffs and their Mother and 
Father, and the Duke of York's Title, and very long and ancient 
Possession of the said three Lower Counties quite from the Year 
1664, and the very great Improvements which have, at so great 
an Expence, been since made thereon, purely to obtain, from 
his Majesty to himself, a Grant or Confirmation of the said three 
Lower Counties, and to turn the Plaintiffs out of their ancient 
Possession and Improvements and undoubted Right, which the 
Defendant did and doth well know and believe his Majesty, 
upon a fair full and true Representation of the whole Case, 
was too good and just to do, — although, from any Flaw in the 
Plaintiffs Title it might legally have been done ; which the 
Plaintiffs humbly insist it could not; and the Crown has never 
yet disturbed the Possession of any one Subject whatever, in 
America, who has been at any Trouble or Expence in settling 
there and cultivating: the Country, though many of them, there, 
have Titles which possibly might not bear an exact and strict 
Examination. 

And the Plaintiffs Charge that, upon presenting the said last 
mentioned Petition to his Majesty, his Majesty by his Order in 
Council of the 8th Day of August 1784, was pleased to refer the 
same to the Lords Commissioners for Trade and Plantations, 
to examine and consider the Matters and Facts contained in 



BOUNDARY QUESTION. 69 

the said Petition, and report the same together with their Opin- 
ion to his Majesty in Council. 

And the Defendant never gave any the least Notice of such 
his said Petition to his Majesty, or of his Majesty's said Refer- 
ence thereof to the said Lords Commissioners of Trade and 
Plantations, unto the Plaintiffs, or unto any one of them, or 
unto any Person whatever in their behalf. 

But an Agent, who had formerly been concerned in some of 
the Plaintiffs Affairs, received Notice thereof, not from the De- 
fendant or any Agent of his, but from the said Lords Commis- 
sioners of Trade and Plantations, who, accidentally, in the 
Course of the Business in their Office, knew that the Plaintiffs, 
and their Father, had, very long, been in Possession of the said 
three Lower Counties, and had named Lieutenant or Deputy- 
Governors for the same without Intermission. 

And the Plaintiffs charge that, thereupon, Application was 
made to the said Lords Commissioners for Trade and Planta- 
tions, in the Presence of the Defendant, in the behalf of the 
Plaintiffs John and Thomas Penn, then and still in America, 
and of the Plaintiff Richard Penn, then in Great Britain, but 
in the Country, to know, what it was that the Defendant, under 
such general Petition, pray for, and to have reasonable time to 
apprize all the Plaintiffs thereof in order to make their Defence ; 
in answer whereto, the said Defendant himself, iu express Terms, 
did declare, in the hearing of several Persons, to the said Lords 
Commissioners for Trade and Plantations, that he then peti- 
tioned for a Grant of the said three Lower Counties, or to the 
same Effect and Purpose. 

And the said Defendant did press and insist that time might 
not be given for Notice to the Plaintiffs in America (who, only, 
knew any thing, and they but little, of the before mentioned old 
Transactions) but that the Matters of his said Petition might be 
heard forthwith. 

And the said Lords Commissioners for Trade and Plantations, 
not conceiving it Decent to let his Majesty's said Reference to 
them lay so long unexamined as till the Plaintiffs might have 
Notice in America, and an Opportunity of being heard there- 
after, did appoint a Day for hearing the same, and did hear the 
same on the 20th and 31st Days of December 1734, but those 
Hearings on one side only, without hearing the Plaintiffs or any 
Person whatsoever on their behalf upon the Merits of the said 
Petition. 

At which, and other times, the Defendant, and his Agents by 
and with his Knowledge, Privity, Consent and Direction, and 
in his own Presence, taking Advantage of the Plaintiffs Absence, 
offered to the said Lords Commissioners the said blank Paper, 



70 PENNSYLVANIA AND MARYLAND 

not purporting to be ever authenticated any way whatever, or 
to be signed by any Person, and which had been so before 
offered by his grandfather in 1684, as a Copy of some Report 
or Order in Council of the 4th of April 1638 of the then Com- 
mittee for Trade and Foreign Plantations; although the Plain- 
tiffs charge there was no such Real Report or Order in Counci 1 
of the 4th of April 1638 to be found, and that his the said Lord 
Baltimore's said Grandfather, in 1684 and 1685, had, in Person, 
acknowledged that there was no Original thereof, even then, 
to be found. 

But the Plaintiffs at such Hearings on the 20th and 31st of 
December last, not being heard to Object to the said Paper, 
nor any Agent authorized by the Plaintiffs then attending the 
said Lords Commissioners of Trade and Plantations, and their 
Lordships not knowing of any Objections that might be made 
to the said Paper, took it to be a Real Paper. 

And upon the 16th of January 1734, made a Report to his Maj- 
esty in Council, upon the Petition of the Defendant, founded 
chiefly, if not entirely, on the said Paper of the 4th of April 
1638. 

And the said Lords Commissioners, in the said Report, have 
only stated so much of the Determination made in 1685 as the 
Defendant had set forth in his said Petition. 

By which Proceedings, herein before stated, of the Defend- 
ant and his Commissioners, and Agents, both in America and 
Great Britain, the Plaintiffs are greatly injured. 

But the Plaintiffs Charge that the said Report of the 16th of 
January 1734 having been referred, by his Majesty's Order in 
Council, to the Right Honourable the Lords of the Committee of 
his Majesty's Most Honourable Privy Council for Plantation 
Affairs, their Lordships, on the 10th of May 1735, heard Council 
for the Plaintiffs thereupon, and their Lordships, afterwards, 
made a Report to his Majesty in Council. 

Whereupon, by Order in Council, of the 16th Day of May 
1735 (made upon reading the said last mentioned Report) his 
Majesty was graciously pleased to Order that the Consideration 
of the said Report of the Lords Commissioners for Trade and 
Plantations of the 16th of January 1734, and of two Petitions, 
presented in the behalf of the Plaintiffs, and of the Possessors 
and Owners of Lands in the said three lower Counties, should 
all be adjourned, unto the End of Michaelmas Term then and 
now next, that the Plaintiffs might have an Opportunity to 
proceed, in a Court of Equity, to obtain Relief upon the said 
Articles of Agreement as they should be advised ; and that, 
after the Expiration of the said Term, either Party should be 
at liberty to apply to the said Committee of Council as the 



BOUNDARY QUESTION. 71 

Nature of the Case might require ; as by the said last mentioned 
Petitions, Orders and Reports, relation being: unto them sever" 
ally and respectively had, may more fully and at large appear. 
All which Actings, Doing's, Misrepresentations and other Prac- 
tices and Proceedings of the Defendant, and of his Confederates, 
and of his Commissioners and Agents, both in America and 
Great Britain, are contrary to Equity and good Conscience, 
and tend to the manifest, apparent, and grievous Wrong and 
Injury of the Plaintiffs, who are utterly Remediless in the 
Premises by the strict Rules of the Common Law, in regard 
the Plaintiffs Witnesses, who could prove the truth of all and 
singular the Premises to be as herein before set forth, are either 
dead, or in Parts remote, beyond the Seas, and in America, and 
many of them unknown to the Plaintiffs, but the Plaintiffs are 
properly relievable in this Honourable Court, where they may 
have the Personal Oath and Discovery of the Defendant touch- 
ing the Matters aforesaid, and where Matters of Fraud, Deceit, 
and specifick Performance of Covenants and Agreements, and 
Matters of perpetual Injunction, are properly Examinable and 
Relievable. 

Therefore, that the Defendant and his Confederates, when 
discovered, may, upon their several and respective Corporal 
Oaths, true, full, distinct and perfect Answer make, and that, 
according to the best of their several and respective Knowledges, 
Beliefs, and Informations, to all and every one of the Matters, 
Facts, Charges and Allegations herein before mentioned, as 
fully and amply as if the same were here again particularly re- 
peated and interrogated to, and, more particularly, may answer, 
set forth and discover, according to the best of their several 
and respective Knowledges, Beliefs and Informations. 

And may set forth Verbally and Literally, a true Copy of 
the Words of the said Charter for Maryland, as they are respec- 
tively written at length or abbreviated in the Original Charter 
under the Great Seal of England, from the beginning of the 
said Charter unto the first Habendum therein. 

And whether the said William Penn did not enter into the 
peaceable Possession of the said Province of Pensilvania in 
June 1681? 

And into the peaceable Possession of every one of the said 
three lower Counties either in October or November 1682? 

And who, from the last mentioned tims respectively, have 
been in the chief Possession and Government of the said Prov- 
ince of Pensilvania, and of the said three lower Counties? 

And who it was that peopled, settled, and improved the said 
Province of Pensilvania and the said three lower Counties? 



72 PENNSYLVANIA AND MARYLAND 

Whether the said William Penn, or any Ancestors of the 
said Defendant? 

And, at whose Expence, the same was so peopled, settled, 
and improved, whether at the sole Expence of the said William 
Penij, and his Grantees under him, or at the Expence of the 
Crown, or the Publick, or the Defendant, or any of his Ances- 
tors? 

And whether he in his Conscience believes it was a small, or 
a very great Expence? 

And whether he really believes it was not at more than 60, _ 
0001. Sterling, or at what Sum, as he believes in his Conscience? 
And whether the said Province of Pensilvania, and the said 
three lower Counties, do not, at this time, make the most 
nourishing and populous Province or Colony, for the Age 
thereof, throughout, all America? 

And whether -the Number of Inhabitants, in the said three 
lower Counties only, exclusive of Pensilvania, are not esteemed 
to be more than 40,000? 

And whether the Defendant, when he lately came out of the 
Province of Maryland into the said three lower Gounties, was 
not surprized to see how much thicker of Inhabitants, and of 
beautiful Plantations, the said three lower Counties were, than 
the said Province of Maryland was? 

And may set forth, at what Place, by Name, and in what De- 
gree and Minute of Latitude, the most Northern Part of the said 
Peninsula ends, and the most Southern Part of the Isthmus 
or Neck of Land begins, and in and through what Places, 
by Name, the Line of the 40th Degree compleat does run, and 
how many English Statute Miles there is in Distance, from the 
most Northern Part of the said Peninsula, to the said Line of 
the 40th Degree compleat, and which of those two Places lies 
the most Northwards? 

And whether there was not such Agreement signed and exe- 
cuted, between the Defendant and the Plaintiffs late Mother in 
the said Year 1723. after the Decease of the Plaintiffs Father, 
as herein before mentioned, or of what other Purport and Effect, 
and where the same, and each Original Part thereof, now is? 

And that the Defendant may set forth a true ^opy of the same, 
at full length, in the very Words, Figures and Abbreviations 
as the same is in the Original, with the Parties and Witnesses 
Names thereto, and all the Attestations thereto, and all the 
Endorsements thereon, in case that before set ioj.-th by the 
Plaintiffs be not a true Copy thereof? 

And whether the same Agreement was not published, at full 
length, in a Proclamation, and when, by the Lieutenant or 



BOUNDARY QUESTION. 7?. 

Deputy Governor of Pensilvania, pusuant to one of the Clauses 
contained in the same Agreement? 

And whether the same Agreement was, or was not, and if it 
was, then, when it was, published by Proclamation by the Gov- 
ernor or Lieutenant, or Deputy Governor of Maryland? 

And why, by whose Order, the same was published? 

And whether the Plaintiffs said Mother, or thu Plaintiffs 
have, from the time of the said Agreement of 17th of February 
1723, to this time, ever, and when, how, and at what times par- 
ticularly, disturbed any, and which of the Inhabitants under 
the Defendant, or molested them in their Possessions? 

Or have suffered any and what particular Parcels of Lands to 
be surveyed, taken up or granted, either in Pensilvania, or in 
the said three lower Counties, or in any, and which of them, 
near the Boundaries which had been claimed or pretended to 
on either side? 

And whether the Plaintiffs said Mother and the Plaintiffs 
respectively, did not justly and honestly fulfill and perform the 
said Agreement of 1723, on their Parts, according to the true 
intent and meaning of the same, and that, not only during the 
18 Months, in the same Agreement mentioned for the Continu- 
ance thereof, but even after the said 18 Months, until the last 
Agreement was concluded in May 1732? 

And whether the Defendant and his Agents, Commissioners 
and Officers did, or did not, fully and truly, and in all points, 
perform and fulfil the same, or whether it has not been long, 
and is not to this time, the usual, common and constant Method, 
in the said Province of Maryland, to make large Grants to Per- 
sons of a certain Number of Acres, at large, without specifying in 
what particular Spot, Parish, Precinct, Division or County the 
same do, or shall, lie or be situated; and to leave such Grantees 
at liberty to find out, and set down upon, and appropriate to 
themselves, under such Maryland Grants at large, so many 
Acres as therein specified, just in such Places (not before taken 
up and appropriated) as they can find out, and their own 
Fancy and Inclination leads them to? 

And whether many such Maryland Grants are not, now, ex- 
tant, of very large Quantities of Lands at large as aforesaid, 
and which have not yet been seated upon or appropriated? 

And whether the Defendant does not know, and verily believe, 
and has not been credibly informed, that many such unappro- 
priated Maryland Grants at large are now in the hands of all, 
or some, and which, of the Commissioners authorized and ap- 
pointed on the Part of the Defendant for executing the Agree- 
ment of 1732, and in the hands of many, and what, other lead- 
ing and considerable Men in the said Province of Maryland? 



74 PENNSYLVANIA AND MARYLAND 

And whether the Defendant does not know, and verily believe, 
and has not been credibly informed, by many, or by some, 
of such Maryland Grantees, and others, and by whom in 
particular, that such Maryland Grantees, or some, and which 
of them, did design and intend, by Virtue, of such Maryland 
Grants, to set down upon and appropriate Lands which would, 
or which they apprehended would, by the Agreement in 1732, 
fall within the Plaintiffs Bounds? 

And whether as the Defendant knows, believes, and has been 
credibly informed, any Disappointment or expected Disappoint, 
ment, in appropriating such Lands, was, or was not, any Motive 
or Inducement, and to whom, to the not compleatly executing 
the said Agreement of 1732? 

And whether the Defendant did not, in the Year 1731, ac- 
knowledge the Plaintiffs Title to the said three lower Counties, 
and did not apply to them, not to give up to him the said three 
lower Counties, but to settle the Limits and Bounds of the 
same, and of the said Provinces of Pensilvania and Maryland? 

And whether, upon the Plaintiffs not instantly complying 
with such the Defendant's Request and Application, he did not, 
thereupon, in order to spur the Plaintiffs on, present, or cause 
to be presented, such his Petition to his present Majesty, on 
the 1st of July 1731, or any and what other Petition, and to what 
Effect? 

And particularly, whether such last mentioned Petition, and 
the whole Tenor thereof, did not pray and desire the Bounds 
might be ascertained and settled upon the foot of the said 
Orders of Council of 1685 and 1708? 

And whether the Defendant himself did not, thereby, mean 
and intend to leave to the Plaintiffs the three lower Counties 
of Newcastle, Kent, and Sussex? 

And whether, after the said last mentioned Petition was pre- 
sented, and such Order thereon made as aforesaid, the Defend- 
ant did not. in his own Person, apply to some, or one, and which 
of the Plaintiffs, and to some and what Agent of theirs, or 
Person concerned for them, and did not, again press and desire 
that a Treaty might be set on foot for the settling and agreeing 
the Bounds and ending: all Disputes between the Plaintiffs and 
him? 

And whether, from the 11th of June 1731, to the 10th of May 
1732, such Treaty and Agreement was not on foot, between 
him and the Plaintiffs, and many Meetings had between the 
Plaintiffs and their Agents and the Defendant and his Agents, 
at many different Places, within that space of time? 

And whether, at some, and which, of such Meetings, and at 
what Time and place, the Defendant, on his Part, did not pro. 



BOUNDARY QUESTION. 75 

duee a Map or Plan of the Parts in Question and other adjacent 
Places, which he himself said and acknowledged his Agents 
had sent, to him, from America, in order to settle the said Dis^ 
putes ? 

And whether the Plaintiffs, on their Part, did not also pro- 
duce a Map or plan of the Parts in Question? 

And whether the Map or Plan, so produced by the Defendant 
was not, by him in Person, at some of the said Meetings, mark'd 
with a Pencil, in what manner the dividing Lines should 
run ? 

And whether the Plaintiffs did not insist that the Head Line 
of Maryland should be not so little as 15 Miles, but 20, or at 
least 18, or 17 Miles, South of Philadelphia, which he did not 
agree to? 

And whether the Defendant did not insist, and the Plaintiffs 
agree, that, not the Plaintiffs Map or Plan, but, the said Map 
or Plan of the Defendant should be engraved, in order to be 
affixed or annexed to, and to explain the meaning of, the Agree- 
ment they should come to? 

And whether the Defendant did not, at the said Meetings op- 
pose the Person the Plaintiffs proposed to engrave the Defend- 
ant's Map or Plan, and name and insist that Mr. Senex should 
do the same? 

And whether the Plaintiffs did not consent thereto, and 
whether the said Senex did not engrave the same, and was 
jointly paid for so doing, by the Plaintiffs and Defendant? 

And whether the said engraved Map or Plan of the Defendant 
was not printed or stamped on the Original Articles of Agree- 
ment, afterwards executed on the 10th of May 1732? 

And whether there is any, and what Material Difference, 
between the Map or Plan so produced by the Defendant, and 
that printed or stamped on the same Original Articles of agree- 
ment of 1732? 

And whether the Defendant, at a Meeting between him and 
the three Plaintiffs, or some of the said three Plaintiffs, upon 
the 22d of July 1731, or at any and what other time, did not 
produce, out of his own Pocket, a written Paper, written of 
his own proper Hand- Writing, and read the same to the Plain- 
tiffs, as his own Note or proposal of what was to be agreed and 
done between the Plaintiffs and him? 

And what was and were the true Contents thereof, and may 
set forth an exact, full and true Copy thereof, at full length, 
in the very Words, Figures, Letters, and Abbreviations thereof ? 

And particularly, whether, in two several Parts thereof, the 
said Charles Lord Baltimore, did not expressly mention that 



76 PENNSYLVANIA AND MARYLAND 

the Circle, round Newcastle, was to be 12 Miles from Newcastle, 
and 12 Miles distant from Newcastle? 

And whether that was not, in the Month of July 1731, his 
own real intention and meaning? 

And whether he in his Conscience does believe that running 
a Circle at the Distance of only two Miles, or less from New- 
castle, is, in any sort, according to his said own Proposal? 

And whether the Plaintiffs or their Agent did not, at the said 
Meeting upon the 22d of July 1731, desire of the Defendants to 
deliver to them the said Note or Proposal of the said Defend- 
ant, or a Copy thereof, in order to prepare the written Agree- 
ment at full length pursuant thereto? 

And whether the Defendant did not, then, express himself that 
he had not, at that time, any Copy thereof, but that he would 
deliver the same to his Sollicitor in order to give the Plaintiffs 
a Copy thereof? 

And whether the Defendant did then instantly deliver the 
same over to Mr. John Sharpe the Sollicitor for the Defendant, 
for the very purpose of assisting- to prepare the said Agreement 
at full length, and of giving the Plaintiffs a Copy of the said 
Note and Proposal in order thereto? 

And whether the Defendant did not then, at the said Meet- 
ing, consent and direct that the said Mr Sharpe should give 
the Plaintiffs a Copy thereof, and whether, in some few days after- 
wards, the said Mr. Sharpe did not give to the Plaintiffs a Copy 
thereof, as the said Defendant has heard, believes, and been 
informed? 

And that the Defendant may set forth where the said Original 
Note or Proposal is, and may produce the same a,t the hearing 
of this Cause? 

And whether, upon the 16th Day of August 1731, or when else, 
the Plaintiffs or their Agent, did not deliver over to the De- 
fendant, or his Agent, a Draught of Articles of Agreement 
between the Defendant and the Plaintiffs, prepared upon the 
foot of the Denfendant's own Note and Proposal before men- 
tioned, in order to be considered and settled by the Defendant 
and such other Persons as he should think fit to make use of, or 
advise with therein? 

And whether such Draught of Articles of Agreement was 
not, constantly and continually, from the said 16th Day of 
August 1731, to the Beginning of May 1732, or for how much 
of the said time, in the Custody, and under the Consideration 
and Examination, of the Defendant, and of Mr. Wynne his 
Council, Mr. Sharpe his Sollicitor, Mr. Senex his Mathemati- 
cian, and Mr. Ogle his Lieutenant, or Deputy Governor of Mary- 



BOUNDARY QUESTION. 77 

land, and divers others, and who by Name, made use of by the 
Defendant to assist and help him in settling the same? 

And whether the Defendant, during such time taken for the 
Examination, Consideration and Settlement of the said Draught 
did not propose and insist on several, and what, and how many' 
new and different things to be provided for and inserted in 
the said Draught, which had not at that time been inserted 
in the said Draught, nor in the Defendant's own Note and Pro- 
posal, nor had ever once been proposed, or talk'd of, during 
the Treaty between the Plaintiffs and Defendant? 

And whether the Plaintiffs did not, at his Request, consent 
and agree to every one of such his new Proposals, or After- 
thoughts. 

And particularly, whether he did, or did not, insist on all 
and every the Matters and Things herein before for that Purpose 
mentioned, or any and which of them? 

And whether, in the Treaty in order to the said Articles of 
Agreement of May 1732, any one Matter or Thing, whatsover. 
proposed or insisted on by the Plaintiffs, was yielded or agreed 
to by the Defendant? 

And whether, on the contrary, every Matter and Thing 
whatsoever, which was proposed or insisted on by the Defend- 
ant, was not yielded and agreed to by the Plaintiffs? 

And that the Defendant may set forth all and every the Par- 
ticulars, which he had insisted on at any time during the said 
Treaty, which were not agreed to by the Plaintiffs, and also, 
all and every the Particulars which the Plaintiffs insisted on, 
at any time during the said Treaty, which were agreed to by 
the Defendant? 

And whether the said Draught of the said Agreement, after 
the same was settled by the Defendant and every one of his 
before-mentioned Agents, Assistants and Advisers to his own 
Satisfaction, was not engross'd, and was not executed by the 
Defendant and the Plaintiffs on the 10th Day of May 1732? 

And whether, soon after such the Execution of the said 
Articles of Agreement, namely, on or about the 12th Day of the 
same May, the Plaintiffs and Defendant did not, severally and 
respectively, execute such several Commissions as before men- 
tioned, authorizing 7 Commissioners therein named, or any 6, 5, 
4, or 3 of them, to mark, run and lay out the Bounds so agreed 
upon? 

And whether the said Commission, so executed by the Defend- 
ant, and that so executed by the Plaintiffs, were not, exactly 
like and agreeable, each to the other, in Form and Substance, 
and were not both engross'd from one and the same Draught or 
Copy, only changing the Names and additions of the Persons 



78 PENNSYLVANIA AND MARYLAND 

who granted the Powers and Authorities thereby given, and to 
whom the Powers and Authorities were granted? 

And whether such Commissions were not, respectively, sent 
over to America, and whether, on the Request of the Plaintiffs 
Commissioners, the Meetings, between the Plaintiffs Commis- 
sioners and those for the Defendant, were not begun, at New- 
town in Maryland, on the 6th Day of October 1732, and were 
not continued, adjourned, and held again, at all and every the 
Times and Places herein for that purpose mentioned, down to 
and upon the 24th of November 1733, being near 14 Calendar 
Months? 

And whether, at those Meetings between the said Commis- 
sioners, all and every of the Matters and Things herein before 
mentioned did not pass, and were not Transacted, at the Times, 
in the Manner, by the Persons, and with the Views and Designs, 
herein before mentioned and set forth, or with any, and what 
other Views, Intents and Designs, severally and respectively. 

And particularly, that the Defendant may, upon his positive 
Oath, say for how long, during the said Meetings between the 
said Commissioners, he the said Defendant was in America, 
and in or near to the Province of Maryland? 

And whether his Commissioners did, or did not, make all and 
singular the Cavils and Objections herein before mentioned, 
or not? 

And whether he the defendant was knowing of, or privy to, 
the same, or to any and which of them, or not? 

And whether he, at that time, advised, consented to, directed, 
approved of, or was acquainted with, any and which of the 
Doubts, Scruples and Objections, or pretended Doubts, Scruples 
and Objections, made by his said Commissioners at such Meet- 
ings, or any and which of them? 

And if the Defendant does not know, and in his Conscience 
believe, and has not been credibly informed, that it was the 
Intention and Resolution of all the Commissioners by him ap- 
pointed as aforesaid, or of some and which of them, and 
who by Name, to defeat and prevent the running out the Lines 
aforesaid agreed upon by the said Articles? 

And whether the said Commissioners, or some other Person 
or Persons, did not, after the Execution of the said Engros'd 
Articles of the 10th of May 1732, endeavour to persuade the De- 
fendant not to compleat and perform the same? 

And whether he, himself, was not, by some means or other, 
brought or induced to wish and desire, or intend, that the said 
Agreement might, or should not, be carried into Execution. 

And whether the Defendant ever, and when, did consult, 
converse or advise with any, and what, other Person or Persons, 



BOUNDARY QUESTION. 79 

and when, and where, how the Execution of the said Agreement 
of May 1732 might be avoided or evaded, but so, as not to forfeit 
the Penalty or Sum or 50001. therein mentioned? 

And whether the said Commissioners of the Defendant, or any 
and which of them, or who else, did Object to the want of 
Parties in the Commission to the Plaintiffs Commissioners, 
and did raise such Objections and Difficulties to the making or 
fixing a Center for the said Circle, and to the Distance that the 
said Circle was to be from the Town of Newcastle, or not? 

And whether such Objections were made, or insisted on, with 
the Privity, Consent, Direction or Good-liking, of the Defend- 
ant? 

And whether he did, and does, approve of all the Proceedings 
of his Commissioners, herein before mentioned, or what and 
which Parts of the same he did, and does, Dislike and Disap- 
prove of? 

And whether the Defendant does know, or in his Conscience 
oelieve, that his Commissioners acted, in all things, with that 
Candour, Fairness and Dispatch, which he himself intended 
and agreed they should do at the time when he executed the 
said Agreement on the 10th of May 1732. 

And whether the Defendant is, oris not, willing and desirous 
that the said Agreement of the 10th of May 1732 should be ex- 
ecuted, fulfilled and performed, according to the true intent 
and meaning of the same, or why he is not? 

And, at Avhat Distance from the Town of Newcastle he himself 
d's insist the Circle, or part of a Circle, was agreed to be run, 
and ought to be run, and whether, at the several times of his 
producing and reading his said Note or Proposal, and also of 
executing the said Agreement on the 10th of May 1732, he meant, 
or intended that the said Circle, or part of a Circle, should be 
at the Distance of two Miles only, or of somewhat less, or at 
the Distance of 12 Miles from the said Town of Newcastle? 

And may set forth whether Commissioners on each side, pro- 
ceeding with Fairness, Candour, and Dispatch, and having no 
Difference of Judgment arising between them, might not, 
within the Space of four Weeks, at a proper Season of the Year, 
mark and run out so many, and so much of the Circle and 
Lines, mentioned in the said Agreement of May 1732, as were 
thereby agreed to be run and mark'd out; or, in what length 
of time the same might, at a convenient Season of the Year, be 
done, if no Delay, or Difference of Judgment, happened therein. 
And whether the Defendant did not present or cause to be 
presented, to his present Majesty, in his own Name, such Pe- 
tition as herein before mentioned, upon the 8th of August 1734, 
or any and what other Petition, and for what Purpose. 



80 PENNSYLVANIA AND MARYLAND > 

And whether he did not, in Person, before the Lords Com- 
missioners for Trade and Plantations, expressly declare that he 
meant and intended, by his last mentioned Petition, to pray 
his Majesty for a Grant of the three lower Counties, and did 
not in such Words mean the three lower Counties of Newcas- 
tle, Kent, and Sussex. 

And why, and with what Views and Designs, in his said Pe- 
tition, he mentioned neither the Plaintiffs, nor their Father, 
nor the said Province of Pensilvania, nor the said three lower 
Counties by Name, nor set forth therein any thing at all relat 
ing to the said Agreement of May 1732, and why he asserted 
therein that there was such a Report or Order in Council of 
the 4th of April 1638 relating to the said William Clabourne 
and the Isle of Kent, when his Grandfather had in Person de- 
clared, about 50 Years before, that there was no such Original 
Order? 

And why, in inserting in his last mentioned Petition the Ac- 
count of what was done in the Year 1685 as aforesaid, he omitted 
and concealed those very material Words, in the Heart of the 
Report of the then Committee for Trade and Foreign Planta- 
tions, which imported that the Tract of Land then in Dispute 
had ever since from the Date of the said Patent for Maryland 
in 1632 been inhabited and planted by Christians and had con-' 
tinued as a Distinct Colony from that of Maryland? 

And why he concealed, in his said last mentioned Petition, 
the old Possession, and great Improvements, made by and 
under the Plaintiffs and their said late Father? 

And whether the Defendant did not, and doth not, think, 
and in his Conscience believe, that those Facts, so by him 
omitted and concealed in his said Petition, were true, and pro- 
per and material Facts to be laid before his Majesty and his 
Ministers, or not? 

And whether the Plaintiff John Penn was not gone for 
America, at the time the Def andant presented the said last men- 
tioned Petition to his Majesty? 

And whether, the Defendant did not propose and expect some 
Advantage to himself, by the Absence of the Plaintiffs John 
Penn and Thomas Penn? 

And whether the Defendant did present the said last men- 
tioned Petition to his Majesty in order to obtain a Grant of the 
said three lower Counties for himself, and for his own Use, 
Benefit, and Advantage, or, for the Use and Benefit of the Plain- 
tiffs and as a Trustee for them? 

And in Case he meant and intended and hoped to obtain a 
Grant of the same for himself, that the Defendant may set 
forth why, and for what Reasons, he never gave the least Notice 



BOUNDARY QUESTION. 81 

of such his last mentioned Petition to the Plaintiffs, or any of 
them, or any Agent of theirs, but carried on the same privately 
and wholly unknown to the Plaintiffs. 

And whether there have not been such Orders, Proceedings, 
Petitions and Reports, founded on the said last mentioned Pe- 
tition of the Defendant, as are herein before mentioned and set 
forth, or what others, and to what Effect and Purpose? 

And whether the Defendant does admit that the said Agree- 
ment of the 10th of May 1732 does now exist, and subsist in Full 
Force and Virtue, or whether he does insist that the same is 
absolutely void? 

And, in Case he insists that the same is void, that, then, he 
may set. forth, minutely, exactly and particularly, why, and 
for what Reasons, he insists the same is void? 

And that the Defendant may set forth and discover whether 
it is not as easy and as practicable (in a proper Season of the 
Year) now to run, mark and lay out the Bound- Lines, agreed 
upon by the said Articles of the 10th of May 1732, as it was 
between the Month of October 1732 and Christmas 1733, or what 
new Difficulties have, since the last mentioned time, arisen to 
make that Work more Difficult, or less Practicable, now, than 
at that time? 

And how long Space of Time, as he believes, would be really 
necessary for Commissioners, that would proceed with Fairness, 
Candour and Dispatch, to run out all the several Lines and 
Bounds pursuant to the said Agreement of May 1732, in case 
no Difference, or pretended Difference, in Judgment arose 
between them? 

Relief prayed. 

1. And that the Plaintiffs may be at liberty to examine their 
Witnesses, whom they charge are very aged and infirm and 
likely to die, to perpetuate their Testimony, 

2. And that the Plaintiffs may be quieted in the Possession 
of the three lower Counties, which have so often as aforesaid 
been adjudged not to be comprised within the Bounds granted 
as above mentioned to the said Cecilius Lord Baltimore, by that 
Jurisdiction which, in the last resort, determines all Questions 
concerning Property in any of his Majesty's Plantations in 
America, 

3. And that the Defendant may be decreed to desist from 
giving them any further Trouble, or Molestation by renewing 
the said oil, and heretofore often over-ruled, Claims to the 
same, 

4. And that the said recited Articles of Agreement, of the 10th 
of May 1732, may be decreed and declared to exist and subsist 
and to be in full Force and Virtue, 

6— Vol. XV. 



82 PENNSYLVANIA AND MARYLAND 

5. And may be decreed to be forthwith specifically performed, 
and to be carried into full Force and Execution, in all Points 
and Respects whatever, 

6. And that all necessary and proper Directions may be given, 
in order thereto (the Plaintiffs hereby offering to do everything 
which shall be adjudged necessary, on their Parts, in order to 
the same,) 

7. And that the said pretended Doubts, as to the fix- 
ing a Center for the said Circle around the said Town of New- 
castle, and as to the Dimensions of the said Circle, or Dis- 
tance from the said Town, at which it is to be marked out, 
and any other Doubt, or pretended Difficulty, that the Defen- 
dant hath, or pretends to have, relating to the said Articles of 
Agreement, or any thing therein contained, or the Execution 
and Performance of the same, may be removed and cleared up, 
by the Authority and Decree of this Court (the Plaintiffs hereby 
Offering 1 to fix the said Center in the Middle of the said Town 
of Newcastle,) 

8. And that the Defendant may now, instantly, and may, 
again, after the said Lines and Bounds shall be run, mark'd and 
laid out, in a more certain and particular manner, pursuant to 
his Covenants and Agreements in the said recited Articles of 
Agreement contained, make further and better Assurances 
and Conveyances to the Plaintiffs, their Heirs and Assigns of 
the said Province of Pensilvania, and of the said three lower 
Counties of Newcastle, Kent, and Sussex, to be bounded, and 
bounded, according to the true Intent and Meaning of the said 
Articles of Agreement of the 10th of May 1732, and of all his 
Right, Interest, Pretensions, Claim and Demand in and to the 
same ; such Conveyances and Assurances to be settled, in case 
the Parties differ about the same, by a master of this Hon- 
ourable Court (the Plaintiffs hereby offering, on their parts, 
to make reciprocal Assurance and Conveyances of the said Prov- 
ince of Maryland, to be so bounded as aforesaid, and of all 
their right, Interest, Pretentions, Claim and Demand in and to 
the same, unto the Defendant, his Heirs and Assigns,) 

9. And that the Defendant may be decreed to pay to the Plain- 
tiffs all the Costs and Expences, of their said Commissioners, 
and otherwise, relating to the executing the said Agreement of 
May 1732, and likewise all the Costs which the Plaintiffs have 
been, any way, put to, by reason of the Breach and Non-Per- 
formance on the Part of the Defendant of the said recited 
Articles of Agreement of May 1732, and by reason of the said 
Petition of the Defendant presented to his Majesty on the said 
8th of August 1734, 

10. And that the Plaintiffs may have all such further and 



BOUNDARY QUESTION. 83 

other Relief, in the Premises, and in such other manner, as shall 
be consistent with Justice and Equity, 

11. And may have a perpetual Injunction, to quiet the Plain. 
tiffs, and their Grantees, Tenants and Occupiers, claiming by 
Titles under the Plaintiffs, or under those from whom the Plain- 
tiffs claim and der ive Title as aforesaid, in the peaceable Pos- 
session and Enjoyment of the said Province of Pensilvania, and 
the thi'ee lower Counties of Newcastle, Kent, and Sussex, to be 
bounded, and bounded, as aforesaid, 

12. And to have Writs of Injunction, tmd Writs of Subpoena. 

IS THE BILL. 
1735. May 16. 

The Order in Council was made, at least giving leave, if not 
directing, that such a Bill should be brought. 
1735. June 21. 

In five Weeks time afterwards, this very long Bill was drawn 
and filed. 
1735. June 25. 

The Defendant was served with an Office Copy of the Bill 
and a Subpoena to Answer. 
1735. July 1. 

The Plaintiffs obtained an Order for a Sequestration unless 
Cause, for want of an Appearance. 
1735. July 29. 

The Plaintiffs obtained another Order for a Sequestration un- 
less Cause, for want of an Answer. 
1735. Aug. 2. 

The Defendant moved and obtained an Order to refer our Bill 
for Scandal and Impertinence. 

1735. Oct. 11. 

The Plaintiffs moved and obtained an Order that the Master 
should proceed on that Reference de die in diem. 

1736. May 25. 

Master Eld reported our Bill not Scandalous nor Imperti- 
nent. 
1735. Bee. 18. 

The Plaintiffs obtained an Order to amend, and did amend, 
their Bill. 

1737. June 15. 

The Defendant, above two Years after the Bill filed, put in 
his Answer, having spun out that time by his Reference for 
Scandal and Impertinence, and by Privilege of Parliament. 



DEFENDANT'S ANSWER, SWORN 15 JUNE, 1737. 
Believes that there is, in Amercia, a certain Tract of Land 
or Peninsula, shooting out from the main Continent, South 



84 PENNSYLVANIA AND MARYLAND 

ward, unto the Atlantick Sea or Ocean ; and, for ought this De- 
fendant knows to the contrary, and as this Defendant has heard 
and believes, the said Peninsula or Tract of Land and is bounded, 
on the West, East, South, and North Sides thereof, as in 
the Bill is for that Purpose particularly set forth and described. 

Hath heard, and believes it may be true, that the great River 
or Bay of Delaware, in the Plaintiffs said Bill mentioned, runs 
between the same Peninsula or Tract lying on the West Side 
thereof, and the Territory now called West-New-Jersey lying 
on the East part thereof. 

And that the said West-New-Jersey might be, heretofore, 
called, successively, New-Belgia, New-Netherlands, and New 
England, as in the Bill is alledged. 

But saith that he doth not know, nor can he set forth, by 
whom the said Peninsula, or Tract or Parts Contiguous thereto, 
were first discovered, or the time when they were first discov- 
ered ; nor whether Capt. John Smith, an Englishman, in the 
Bill named, was the first Discoverer thereof, about the time in 
the Bill for that purpose mentioned, or at any other, or what 
time; never having so much as heard the same, or had any Ac- 
count of the said Capt. Smith's being the first Discoverer there- 
of, save from the Bill. 

Nor can set forth whether the said Capt. Smith did, or did 
not, give or affix Names to several, or any, of the Places on that 
part of the main Continent which lay over against the said 
Peninsula on the Western Side of the Bay of Chesopeake, as in 
the Bill is set forth ; the Defendant, if Capt. Smith so did, being 
an entire Stranger thereto, not having ever heard of the same 
save by the Bill. 

Doth not know, nor ean set forth, whether the said Capt. 
Smith, at any time after his return from his pretended Voyage 
in the Bill mentioned, did, or did not, cause to be printed and 
published a Book, giving any Account of his Voyages and Dis- 
coveries, as in the Bill is alledged; nor, if the said Capt. Smith 
did cause such Book, to be printed and published, whether such 
Book was printed in or about the time in the Bill for that 
purpose mentioned, or at any other time, or when, or whether 
he annexed to such Book a Map or Plan of the said Peninsula, 
or of any of the adjacent Parts of what was then called by the 
general Name of Virginia, or whether he intitled his Book as 
in the Bill is for that purpose particularly mentioned and set 
forth. 

Though he hath heard and believes there is such a Book ex- 
tant, and in print, as is described by the Bill, and therein al- 
ledged to have been printed and published by the said Capt. 
Smith ; but as the same purports, and appears, from the Title 



BOUNDARY QUESTION. 85 

thereof, as stated and set out in the Bill, to have been printed 
and published now upwards of 100 Years since, cannot take upon 
him to say, or set forth, whether the same was so printed and 
published by the said Capt. Smith at the time, or in the manner, 
in the Bill mentioned, or, whether the same was not printed 
and published by any other Person, under- Colour of the said 
Capt. Smith's Name, and without his Knowledge or Consent, in 
order to give the better Authority to the said Book, and to pro- 
mote the Sale thereof for the Benefit of the Author or Pub- 
lisher thereof. 

But, whether the said Book is a well known Book among 
Historians, Geographers, and Mathematicians, or of what Au- 
thority or Esteem the same may be in amongst them, nor 
whether the said Book and the Map of Virginia therein con- 
ined,are held in any, or what, Estimation amongst learned Men, 
nor whether the same are by them, or any one else, reckoned 
and esteemed as the first and earliest Account and Description) 
or Map, ever given of those Parts in and near to the said Pe- 
ninsula by any Englishman whatsoever, as in the Bill is sug- 
gested, this Defendant doth not know, nor can set forth; this 
Defendant having but very little Knowledge of the same him- 
self, and never having heard much concerning the same. 

Nor can this Defendant set forth whether the said Map of 
Virginia, thereto annexed, contained the Degrees of Longitude 
and Latitude according to the best Observations and Discoveries 
then made. 

But saith he hath been credibly informed, and believes, that 
the said Map hath been, many Years since, found by Experience, 
to have been, in many respects, faulty and erroneous, and by no 
means a true or correct Map thereof, and in no wise to be de- 
pended upon. 

And is advised, and apprehends, that all this Part of the Plain- 
tiffs Bill, touching who was the first Dicoverer of the said Pe- 
ninsula, and in relation to the said Capt. Smith, and the said 
Book, and Map pretended to be published by him, are wholly 
immaterial, and no ways relative to any of the Matters in Ques- 
tion in this Cause. 

Believes it to be true that the three lower Counties of New- 
castle, Kent, and Sussex, in the Bill described and mentioned, 
are situate on the Eastern Side of the said Peninsula or Tract, 
and also above the Peninsula or Tract, within the main Land 
or Continent, and, towards the Sea and the Estuary of Delaware, 
as in the Bill is set forth. 

But denies that he either knows, or believes, or hath ever heard, 
that the said three Counties have been ever called, or went under 
the general Name of, the Territories belonging to Pensilvania; 



86 PENNSYLVANIA AND MARYLAND 

the said Counties, or any Part of them, or either of them, having 
never, to the best of this Defendant's Knowledge or Belief, been 
looked upon, or esteemed, to be any Part of, or to belong to, Pen- 
silvania, or the Territories thereof, by any other Persons than 
the Family of the Penns themselves, and their Dependants and 
Adherents, whose Interest it was to endeavour to have them 
thought or esteemed Part of Pensilvania. 

Nor does this Defendant know or believe, nor did he ever hear, 
save from the Family of the Penns and their Dependants and 
Adherents, and save from the Bill, that the Territories belong- 
ing to Pensilvana did, or could, or does, signify and mean, or com- 
prehend, or include, the said three lower Counties, or any part 
of them or either of them. 

Doth not know, nor can set forth, whether the said three low- 
er Counties were ever called or comprehended under the Name 
of the Settlement on Delaware, or by the Name only of Dela- 
ware, or at other times by the Name of the Province of Delaware, 
this Defendant having never heard the same so called, or called 
by any other Name or Names than the three lower Counties 
on Delaware, or the Counties of Newcastle, Kent, and Sussex, and 
if they ever were called, or comprehended, under the Names in 
the Bill mentioned, this Defendant believes it must have been 
a great many Years ago, and in the Infancy of their Settlement, 
and before any considerable Parts thereof were inhabited or 
cultivated ; nor is at all Material, in the Judgment and Belief 
of the Defendant, by what Name or Names they may have been 
called. 

Denies that he either knows, or ever heard, otherwise than by 
the Bill, or believes, that the said three lower Counties on Dela- 
ware, of Newcastle, Kent, and Sussex, were, of very early and 
ancient Times, the beginning whereof is not known (as is pre- 
tended by the Bill) settled, planted and inhabited by Chris- 
tians of the Swedish Nation, or that the same were afterwards 
held and inhabited, for many Years, by Christians under the 
Dominion of the States General of the United Provinces, in th e 
manner as in the Bill is for that purpose set forth and men. 
tioned. 

But, on the contrary, hath always understood and believes, 
the same were not settled, planted and inhabited by Christians 
at any time before, or until after, the Grants thereof to this De- 
fendant's Ancestor by his Majesty King Charles the First, as 
herein after is more particularly set forth. 

But saith he hath heard and believes that some few itinerant 
Swedish and Dutch Traders did, now and then, visit, and re- 
sort to, some small and inconsiderate Part of the said three 
Counties, antecedent to the said Grant; but never heard, o 



BOUNDARY QUESTION. 87 

believes, that the said Swedes or Dutch, or any other Christians 
whatever, had ever formed, or made, any abiding Settlement 
there before the said Grant thereof to the Defendant's said An- 
cestor as herein mentioned; all the Christians there being only 
a few Swedish and Dutch, straggling, itinerant Traders, that 
now and then resorted to that part of the Skirts or Borders 
of the said Counties, for the Benefit and Conveniency of Trade 
with the Natives. 

And is advised, and conceives, it is wholly immaterial, as to 
any Question that can arise between him and the Plaintiffs, 
whether the said Tract of Land was, or was not, inhabited by 
Christians antecedent to the said Grant. 

Neither knows, believes or ever heard, save from the Plain- 
tiffs or their Agents, and the present Bill, that the said Counties 
have, ever since the Year 1663, been in the quiet Possession of 
the late James Duke of York, and of the Plaintiffs Father, and 
of the Plaintiffs in their own Right, as is untruly alledged in 
and by the Bill, or that the Complainants have now any Right 
to the Possession thei-eof. 

On the contrary, saith, he this Defendant, ever since he came 
of age, and his Ancestors, before him, as he hath heard and 
believes, have, all along, ever since the Grant of the said three 
Counties to his Ancestor as aforesaid by King Charles the First, 
and both before, and after, the said Year 1663, from time to 
time, asserted, supported and maintained, to the utmost of 
their Ability and Power, the Right and Title to the Possession 
of the said three Counties; and this Defendant's said Ancestors 
did, and exercised, Acts of Ownership thereon, and received 
Rents from several of the Tenants and Inhabitants thereof, 
and Avere at very great Expences and Charges in Improving and 
Cultivating the same, and in driving out, and defending them- 
selves from, the barbarous Indians and Natives that first in- 
habited there, before the same was known or found out by 
any Christian Settlers, to the Knowledge or Belief of this De- 
fendant. 

Saith that, in or about the Year of our Lord 1632, Cecilius, 
then Baron of Baltimore, did petition his late Majesty King 
Charles the First, praying leave to transport a Colony of the 
English Nation into America, and believes it may be true that 
the said Cecilius, then Lord Baltimore, might, in his said 
Petition to King Charles the First, suggest that the parts of 
America, he so prayed to have Liberty to transport an 
English Colony into, was not then cultivated and planted, 
though in certain Parts thereof inhabited by certain bar- 
barous People having no Knowledge of Almighty God, and, 
therefore, besought his Majesty to Give and Grant to him, the 



88 PENNSYLVANIA AND MARYLAND 

said Cecil ius, and his Heirs for ever, all such the said Country 
in his said Petition mentioned, with certain Priviledges and 
Jurisdictions for the Government thereof, as in the Plaintiffs 
said Bill is for that purpose set forth and mentioned ; but this 
Defendant, having never seen such Petition, cannot, with any 
certainty, answer or set forth whether the same was so or not, 
though, from the Words of the Grant, made upon such Petition, 
and herein after pai'ticularly set forth, this Defendant believes 
the Plaintiffs Allegations in their said Bill, with respect to the 
said Petition of the said Cecilius then Baron of Baltimore, 
may be true. 

Likewise admits that, thereupon, his late Majesty King 
Charles the First, by his Letters Patent, under the Great Seal 
of England, bearing Date at Westminster the 20th Day of June, 
in the Year 1632, did Give and Grant, unto the said Cecilius, 
in Fee, two several Tracts of Land, namely, one Tract which 
was part of the before -mentioned Peninsula, and one other 
Tract of Land which was part of the Main Land, lying West- 
ward of the said Peninsula, and on the West side of the said 
Bay of Chesopeake; the respective Buttals and Boundaries of 
which said two several Tracts of Lands, so granted to the 
said Cecilius, by the said Letters Patent of his Majesty King 
Charles the First, are particularly set forth and described in 
the said Letters Patent under the Great Seal of England, now 
in Defendant's Custody and ready to be produced as this Hon- 
ourable Court shall please to dircet; and which Letters Patent, 
as the Plaintiffs by their Bill have required this Defendant to 
set forth the same verbally and literally from the beginning 
thereof unto the first Habendum therein, this Defendant saith 
he hath, accordingly, herein set forth the same; and likewise, 
in regard that the Habendum or granting part of the said Grant 
tends to explain the first or the reciting Part thereof, which 
cannot be so clearly or so well understood, without the Haben- 
dum, this Defendant hath, therefore, set forth the said Grant 
or Letters Patent, Verbatin, down to the end of the Habendum; 
the same, to the best of this Defendant's Knowledge, Examina- 
tion and Belief, being verbally and literally, and the Words of 
the said Original Charter respectively written at length and ab- 
breviated, as follows (Viz.) 

Rex, &c. Omnibus ad quos. &c. Salutem. Cum perdilectus 
et perquam fidelis subditus nostei', Cecil Calvert, Baro de Bal- 
timore in Regno nostro Hibernise, filius & hseres Georgii Calvert 
Militis, nuper Baronis de Baltimore in eodem regno Hibernise, 
patris inhserens vestigiis laudabili quodam et pio Christian* 
religionis pariter, & imperii nostri territor' dilatandi studio 
flagrans, licentiam nostram, ut copiosam Anglican* gentis 



BOUNDARY QUESTION. 89 

Coloniain, industria & iiupensa sua, ad eertam quandam regio- 
neni, inferius describendaui, in terra quadam, in partibus Amer- 
ica, haetenus inculta, & barbaris nullam iivini Numinis noti- 
tiam habentibus in partibus oeeupata,deducere possit,totamque 
illain regionein, cum certis quibusdaiu privileges, & jurisdic- 
tionibus, ad colonic sua% & regionis praedictre salubre regimen 
& statum pertinentibus, a regia nostra celsitudine, sibi & harre- 
dibus suis dari, concedi & confirmari, humiliter supplicaverit ; 
Sciatis igitur quod nos, pium et nobile, prarfatorum Baronum 
de Baltimore, propositum & studium, regio favore prosequentes, 
ex gratia speciali, certa scientia & inero motu nostris, dedimus, 
concessimus & conflrmavimus, & per hanc prarsentem chartam 
nostram, pro nobis harredibus & successoribus nostris, prafato 
Cecil' modo Baroni de Baltimore, & harredibus & Assignatis 
suis, damus, concedimus & confirmamus Totam illam partem 
peninsular, sive chersonesus, jacentis in partibus American, inter 
oceanum ex oriente, & Sinum de Chesopeake ab occidente, a 
resid' ejusdem, per rectam lineam a promontorio sive capite 
terras vocato Watkin's Point juxta sinum prardictum prope 
fluvium de Wigbco, scituat' ab occidente, asque ad magnum 
oceanum, in plaga oriental' ductam, divisam; Et, inter metam 
illam a meridie, usque ad partem illam arstuarii de Delaware, ab 
aquilone,quarsubjacet quadragesimo gradui latitudinis, Septen- 
trionalis, ab arquinoctiali, ubi terminatur Nova Anglia; Totum- 
que ilium terra; tractum, infra metas subscriptas; Viz. transe- 
undo, a dicto arstuario vocato Delaware Bay, recta linea,per gra- 
dum prardictum, usque ad verum meridianum primi fontis fluini- 
nis de Pattowomack, deinde. vergendo, versus meridi?in, ad 
ulteriorem dicti numinis ripam, &, earn sequendo, qua plagam 
occidentalem & meridionalem spectat, usque ad locum quendam, 
appellatum Cinquak, prope ejusdem fluminis ostium scitua- 
tum, ubi in prarfatum Sinuni de Chesopeake evolvitur, ac, inde 
per lineam brevissimam, usque ad prardictum promontorium, 
sive locum, vocatum Watkin's Point, (ita quod totius tenrae- 
tractus per lineam prardictam, inter magnum oceanum & Wat- 
kin's Point divis' usque ad promontorium vocatum Cape 
Charles, & singula sua appenditia, nobis, harredibus & successori- 
bus nostris, integre remaneant excepta, imperpetuum) nee non 
omnes insulas, et insululas, infra limites p'rardictos. Concedimus 
etiam, & confirmamus, eidem Baroni de Baltimore, harredibus& 
Assignatis suis, omnes & singulas insulas, & insululas, ab orien- 
tali praedietar regionis littore orientem, versus in mari, natas, 
vel nascendas, infra decern leucas marinas, ab eoclem littore 
scituatas, cum omnibus & singulis portubus, navium stationi- 
bus, arstuariis, fluminibus, & fretis, ad regionem, vel insulas, 
prardictas, pertinentibus; omnesque fundos, terras, campestria, 



90 PENNSYLVANIA AND MARYLAND 

silvas, monfcana, paludes, lacus, flumina, astuaria, & freta, 
infra metas, terminos & limites praedictos, scituata,seu existen- 
tia; cum cujuscunque genei'is piseium, tam baleenarum, Stur- 
geonum & aliorum, regaliuru quain aliorum, in ruari, sinubus, 
fretis vel fiuminibu infra pra3iuissa,piscationibus,& pisce ibidem 
capt' ; Omnesque insuper auri,argenti,gemmarum, lapidum pre- 
ciosorum,& aliorum, quascunque, sive lapidum, si veMetallorum, 
sive alterius cujuscunque rei aut materia, venas, mineras, & fodi- 
nas, tam apertas quam occultas, infra regionem, insulas, seu limi- 
tes pradictos, repertos & reperiendos ; Et hoc amplius omnium 
ecclesiarum, quas (crescente Christi cultu & religione) infra dic- 
tam regionem, insulas, & insululas, & limites pnedictos, futuris 
temporibus eedificari contigerit, patronatus & advocationes; 
Una cum licentia & facultate ecclesias, capellas & oratoria, in 
locis infra prsemissa congruis & idoneis, extruendi & fundandi ; 
eaque dedicari & sacrari juxta leges ecclesiasticas regni nostri 
Anglian faciendi ; cum omnibus & singulis hujusmodi, ac adeo 
amplis juribus, jurisdictionibus, privilegiis, prasrogativis, reg- 
alitatibus, libertatibus, immunitatibus, juribusque, regalibus 
& franchesiis, quibuscunque, temporalibus, tam per mare quam 
per terram, infra regionem, insulas, insululas, & limites prse- 
dictos, habend' exercend' utend' & gaudend' prout aliquis Epis- 
copus Dunelmensis, infra Episcopatum sive Comitatuin Palati- 
num Dunelmensis in regno nostro Anglian, unquam antehac 
babuit, tenuit,usus vel gavisus fuit,seu de jure habere, teneri, uti 
vel gaudere debuit aut potuit, Ipsumque modo Baronem de Bal- 
timore, & haredes suos, regionis predict*, caterorumqueomin- 
um praemissorum, veros et absolutos Dominos & Proprietaries 
(exceptis prreexceptis) salva semper fide, & ligeantia,ac dominio 
directo, nobis, haeredibus & successoribus nostris, debitis, pro 
nobis, haeredibus & successoribus nostris, facimus,creamus & con- 
stituimus per praesentes ; habend' tenend' possidend' & gaudend' 
praedictam regionem, insulas, insululas, & castera prasmissa, 
praefato modo Baroni de Baltimore, & haeredibus & assignatis 
suis, ad solum & proprium opus et usum ipsius modo Baronis 
de Baltimore, hatred um & assignatorum, suorum,imperpetuum; 
tenend' de nobis, haeredibus & successoribus nostris, Regibus 
Angliae, ut de Castro nostro de Windsore in comitatu nostro 
Berks, in libero & cominuni socagio, per fidelitatem tantum 
pro omnibus Servitiis, & non in Capite, nee per Servitium 
militare. As by the said Original Letters Patent, under the 
Great Seal of England, to wbich Defendant for his greater cer- 
tainty craves Leave to refer, relation thereunto being had, may 
more fully and at large appear. 

Defendant cannot but observe, that, notwithstanding the 
Words Hactenus inculta are made use of in the Preamble of 



BOUNDARY QUESTION. 91 

the said Charter, the Lands thereby granted being then lookt 
upon and esteemed to be incultivated, yet, they are not inserted 
by way of restriction in the Body, or granting part thereof ; 
and, therefore, Defendant is advised, and insists, the Lands, 
thereby described and granted, are not restrained to the said 
Words Hactenus inculta, but did, all, well pass by the said Let- 
ters Patent, notwithstanding the said Words Hactenus inculta 
so recited in the Preamble thereof. 

Admits that his late Majesty, King Charles the First, by his 
said Letters Patent to the said Cecilius, did grant, unto the 
said Cecilius in Pee, all Islands and Islets within the Limits 
described in the said Grant as aforesaid, and all and singular 
the Islands and Islets which were, or should be, in the Ocean, 
within ten Leagues from the Eastern Shore of the said Country 
towards the East as in the Bill is set forth,' and that his said 
late Majesty did thereby erect the said Lands, so granted, into 
a Province, by the Name of Maryland, with certain Priviledges 
and Jurisdictions for the better governing thereof. 

Doth not know, nor can set forth, whether the said Letters 
Patent or Grant, so made to the said Cecilius as aforesaid, was, 
or was not, so described, or whether the Tracts, which were 
thereby granted, were, or were not, so bounded, by the 
help of the said pretended Captain Smith's said Book and His- 
tory or Map of Virginia, and no other, as by the Bill is alledged ; 
nor whether any skilful Persons own or acknowledge or believe 
the same, for the Reasons in the Bill mentioned, or for any 
other Reasons ; but this Defendant, having never compared the 
said Book or Map with the Names and Descriptions of the sev- 
eral Places mentioned in the said Letters Patent, hath no reason 
to believe the Boundaries or Descriptions in the said Letters 
Patent were taken from such Book or Map. 

Defendant is advised and insists the said pretended History 
of Smith cannot, in any respect, add to, or diminish from, the 
Grant to the said Cecilius, or be of any Authority to explain 
the same, if there was any Doubt or Obscurity as to the Limits 
of the Lands that were thereby granted, and which he humbly 
apprehends there is not. 

Saith the said Grant fully and clearly, as he doubts not to 
make appear, extends to, and includes, all and every part of the 
said three Lower Counties of Newcastle, Kent and Sussex. 

Doth not know, nor can set forth, whether the said Captain 
Smith's pretended History and Map of Virginia, had been 
printed and published some few, or any, or what, number of 
Years, or how long, before the presenting such Petition of the 
said Cecilius, then Baron of Baltimore in 1632 to his Majesty 
King Charles the First, and the issuing such Letters Patent as 



92 PENNSYLVANIA AND MARYLAND 

aforesaid, or whether the said Captain Smith's said History 
and Map of Virginia, was then printed or published at all, as 
pretended by the Bill ; though, for ought he knows to the con- 
trary, such Book might be then printed and published, and 
which he is inclinable to believe it was, from the Date it 
bears, and the Year in which it purports, upon the Title 
page, to have been printed and published. 

Doth not know, nor hath even heard, save from the Plaintiffs 
and their Bill, nor hath he any Reason to believe, nor doth he 
believe, that there was then no other Map or Plan of the said 
Peninsula or Tract, or the Parts adjacent thereunto done by 
any Englishman whatsoever extant, nor any History or De- 
scription of the same Peninsula or Tracts and Parts adjacent, 
published, printed, known or used, than the said pretended 
Book or History and Map of Captain Smith's, as is alledged in 
and by the Bill ; the said Peninsula, and the several Parts ad- 
jacent thereto, as he hath been informed and believes, having 
been discovered, though not inhabited, or settled upon, by En- 
glishman, as well as others of Foreign Nations, many Years 
before the Grant thereof to the said Cecilius, the Defendant's 
Ancestor, by his said Majesty King Charles the First as afore- 
said, or the time of the pretended printing and publishing of 
the said Captain Smith's said History; and the Defendant 
hath now, in his Custody or Power, a Map thereof, much more 
ancient, as he believes. 

Denies that he either knows, or believes, that, according to 
the express Bounds of the said recited Letters Patent, the Head, 
or most Northern Parts, of the Lands, thereby granted to the 
said Cecilius, was to extend only so far as until it subjoined to 
such part of the Estuary of Delaware, as lay under the 40th De- 
gree of the Northern Latitude, as in and by the Bill is sug- 
gested, or that every, or any, part of the Lands which lay under 
the said 40th Degree, or of such Lands as lay from the 39th De- 
grea compleat to the 40th Degree compleat, were excluded by 
the said Grant. 

On the contrary, the Defendant saith he is advised, and con- 
ceives, that, according to the express Bounds of the said recited 
Letters Patent, the Lands, thereby granted, were to extend, 
though the 40th Degree compleat, and to the end thereof, and 
that no part of the Lands under the said 40th Degree were ex- 
cluded out of the said Grant, or meant or intended so to be, all 
the Lands under the said 40th Degree being, manifestly, and in 
Terms, comprehended within the said Grant. 

Insists that no such Construction, or Restriction, can, or 
ought to, be put upon the said Grant, as the Plaintiffs mention 
and insist upon by their Bill, the same, as he is advised and 



BOUNDARY QUESTION. 93 

conceives, being directly contrary not only to the express Terms, 
but to the true Intent and Meaning, of the said Letters Patent. 
Believes that, from the 89th Degree compleat, to the 40thDegree 
compleat, is 60 Geometrical Miles or Minutes, or 69 English Stat- 
ute Miles, as the Plaintiffs compute and state the same by their 
Bill, and that there is such Quantity or Space of Land lying 
under the 40th Degree as the Plaintiffs mention, but insists that 
the whole thereof, and all Lands lying under the said 40th De. 
gree, of what Space or Quantity soever, were granted to the said 
Cecilius, by the said Letters Patent, and not such Lands, or so 
far only, as extended or adjoined to the said 40th Degree, as 
the Plaintiffs unjustly pretend by their Bill. 

Denies that he either knows, or believes, that it appears by 
the Land Marks, Buttals and other Descriptions in the said re- 
cited Letters Patent, or by any of them, that no part of the 
Lands which lay under the 40th Degree was, or was intended 
to be, granted to the said Cecilius; on the contrary, apprehends 
and is advised that it manifestly appears, from all and every 
the Land Marks, Buttals and other Descriptions, contained in 
the said recited Letters Patent, that all the Lands which lay 
under the said 40th Degree were, and were intended to be, 
thereby granted to the said Cecilius. 

Denies that he either knows, or believes, or ever heard, save 
from the Plaintiffs and their Agents, that, at the time of mak- 
ing the before recited Letters Patent to the said Cecilius, such 
part of the said Peninsula as is for that purpose mentioned 
and described by the Plaintiffs said Bill, or any part thereof, 
or any part of the Continent at the Head or North part of the 
said Peninsula, and which is now called the three Lower 
Counties of Newcastle, Kent and Sussex, was seated and in- 
habited by the Swedes and Dutch, or either of them, in man- 
ner as in the Plaintiffs Bill is for that purpose set forth and 
alledged, or in such a manner as that his Majesty was not at 
the time of the said recited Letters Patent to the said Cecilius 
seized or possessed thereof, so as to have a good Right and 
Power to grant the same, as by the Plaintiffs said Bill is most 
untruly suggested. 

Defendant is advised and humbly insists that his said late 
Majesty had good Right and Power to grant the same, and. 
that he did, by his said Letters Patent, grant, and did intend 
to grant, the same, and that the said Cecilius did, by his said 
Petition, and according to the true Scope, Acceptation and 
Meaning thereof, petition his Majesty for the same. 

Defendant is advised and insists that, from the Words of the 
said Cecilius's Petition, whereby he prays Leave to transport 
an English Colony into a certain Country therein after de- 



94 PENNSYLVANIA AND MARYLAND 

scribed in the Parts of America not then cultivated and planted, 
though in some Parts thereof inhabited by certain barbarous 
People, having no Knowledge of Almighty God, and from the 
particular and exact Bounds, and Limits of the Country therein 
after set out and described in the said Cecilius's Petition, and 
the said Letters Patent granted thereupon, which evidently and 
manifestly takes in and includes the said three Lower Counties 
of Newcastle, Kent and Sussex, it is undoubtedly plain that the 
said three Lower Counties were not then known, looked upon, 
or esteemed, to have been inhabited or planted, or settled upon 
by any Christians whatever, either English or Foreigners, or 
by any others than the rude and barbarous Indians, and that 
the said Cecilius, by his said Petition prayed for a Grant of the 
said three Lower Counties, and that his Majesty certainly in- 
tended to grant the same. 

Defendant is advised and conceives that his Majesty had full 
Power so to do, and was well seized and possessed of the said 
three Lower Counties, so as to grant the same, and that, if 
there was any itinerant Dutch or Swedish Traders upon any 
part of the said three Lower Counties, at the time of his Ma- 
jesty so granting the same to the said Cecilius, yet, that their 
being there, could in no manner deprive or take from his Ma- 
jesty the Power of granting the same, or lessen or diminish the 
said Grant, and that a few of such Foreigners being there, in 
Case there were any such, would in no Case make the same be 
considered as inhabited and cultivated, in such a manner as to 
impeach or invalidate the said Grant; for, that his Majesty 
could not be supposed to have any View to secure Possessions 
to Foreigners, appears from the express Words of the said Grant, 
it being mentioned and recited to be made for the Enlargement 
of the English Empire and Dominion ; and, as the Limits de- 
scribed in the said Grant clearly take in the said three Lower 
Counties, the Defendant is ad /ised there can be no pretence of 
any Deceit on the Crown in obtaining the said Letters Patent, 
though there should happen to be some few Swedish and 
Dutch settled upon some small inconsiderable Parts of the said 
Counties. 

Hath heard, and believes it to be true, that, after the said 
Letters Patent and Grant were made to the said Cecilius as 
aforesaid, he the said Cecilius, or some of his Defendants, en- 
tered upon and took possession of the same Premisses so granted, 
and have ever since continued possessed thereof, save as here- 
after is mentioned as to such Parts thereof as the Plaintiffs and 
their Ancestors have unjustly usurped the Possession of, and 
to which they now pretend a Right, but, as Defendant is ad- 



BOUNDARY QUESTION. 95 

vised and insists, without the least Manner of Right or Title 
thereto. 

Denies that he either known or believes, or hath ever heard, 
save from the Plaintiffs or their Dependants, that the said 
Swedes and Dutch successively possessed and enjoyed for many 
Years after the Date of the said Letters Patent to the said Ceci- 
lius their ancient Settlement on Delaware, as described and 
mentioned in the Plaintiffs said Bill of Complaint, the said 
Dutch and Swedes having no such Settlement there (as this De- 
fendant ever heard of, or believes) as is pretended and sug- 
gested in and by the Bill, there being but a few of them there 
(if any) and those but itinerant Traders, who had nothing that 
could deserve the Name of, or be considered, as a Settlement 
thereon ; or if they were settled there, had no Right to the 
same, or at least to such Parts only as they were actually settled 
upon, and as were inhabited by them as aforesaid, which were 
very small and inconsiderable. 

Hath heard, and believes it to be true, that the said Cecilius 
and his Heirs or Descendants, the Defendant's Ancestors, did 
set down, and take possession of, Lands, on the Western Side 
of the said Peninsula above, and more Northwards than, the 
39th Degree of Northern Latitude compleat, and even almost 
to the 40th Degree compleat, of the said Northern Latitude, 
but is advised and apprehends the same was not so done by them 
in Deceit and Disinherison of his Majesty, but all such Lands 
as they so sat down upon, or took possession of, were expressly 
contained within the Limits and Bounds of the said recited 
Letters Patent, and for which Seating down and Possession 
Defendant is advised and insists that the said Cecilius, or his 
Heirs or Descendants, had a clear and indisputable Right and 
Title under the said Letters Patent and Charter of Maryland 
as before is mentioned. 

Denies that he either knows, or ever heard or believes, that 
the Plaintiffs, or either of them, or any under whom they claim, 
ever could, or did, make or transfer any legal Title or Right 
of the said three Lower Counties, or either of them, or of any 
Part thereof, to any Descendant of the said Cecilius, as is un ■ 
truly alledged in and by the Bill, or that any Descendant of 
the said Cecilius ever did or could derive or have any Right or 
Tite thereto from the Paintiffs, or those under whom they de- 
rive, the Plaintiffs or either of them, or those under whom they 
derive, never having had any Manner of Right or Title to the 
said three Lower Counties, or either of them, or any Part thereof, 
to the Knowledge or Belief of this Defendant. 

Doth not know, nor ever heard, save from the Bill, nor doth he 
believe, that the Dutch ever held the said Lands called the three 



96 PENNSYLVANIA AND MARYLAND 

Lower Counties (which this Defendant hath heard and believe 
lie on the Western Side of the River of Delaware) as appertain- 
ing and belonging to a larger or greater Settlement, upon a 
large Tract of Land Part of what is generally called New Eng- 
land, and particularly on those Parts now called West New 
Jersey and East New Jersey and New York on the Eastern Side 
of Delaware; or, that the said three Counties always went 
along with the said larger Tract or Settlement, as by the Bill 
is suggested, or any ways belonged or appertained thereto; but 
a very inconsiderable Part of the said three Counties (if any) 
being inhabited or settled upon, at the time the Dutch were in 
possession of the said Jerseys and New York, and the said three 
Counties were not, then, looked upon or esteemed, in any man- 
ner, to appertain or belong to the said Jerseys or New York. 
Neither doth Defendant know, or believe, that it was, or is 
absolutely necessary for those who enjoyed the said greater Set- 
tlement to have, likewise, the Lands now called the three 
Lower Counties, for the Reasons in the Bill mentioned, or any 
othar Reasons; nor do the Inhabitants of the said Jerseys or 
New York make the least Pretence or Claim to the said three 
Counties, or any Part thereof, to the Knowledge or Belief of 
this Defendant tho' this Defendant believes it might be ad- 
vantageous, for those who enjoyed the said greater Settlements, 
to have, likewise, the said three Lower Counties, if they had 
any Right to the same. 

Hath heard, and believes it to be true, that, in or about the 
Year 1664, his late Majesty King Charles the Second took from 
the said Dutch the said great Settlement and Possession of the 
said Dutch at New York and New Jerseys, on the Eastern Side 
of the said River of Delaware, and all Lands appertaining to 
the said great Settlement. 

But denies that he either knows, or believes, or ever heard, 
that the said three Lower Counties were then looked upon, or 
esteemed, to be Part of, or appertaining to, the said Provinces 
of New York and New Jerseys, or to be then the Right of, or 
in the Possession of the Dutch, or that his said late Majesty 
King Charles the Second, by virtue of such his Conquest from 
the Dutch became, for the first time, seized and possessed, in 
Right of his Crown, of the said three Lower Counties; on the 
contrary, the said three Lower Counties were, as Defendant 
most assuredly believes, long before that time, the Right of, 
and belonged to, the Crown of England ; the same having been, 
before that time, granted by his said then Majesty's Royal Father 
King Charles the First to the said Cecilius Defendant's Great 
Grandfather, by the said Letters Patent, as aforesaid. 

Hath heard, and believes it to be true, that his said late 



BOUNDARY QUESTION. 97 

Majesty King: Charles the Second did, by his Letters Patent 
under the Great Seal of England, bearing Date at Westminster 
on or about the 12th Day of March, in the 16th Year of his 
Reign, and in the Year of our Lord 1664, give and grant unto 
his Brother James then Duke of York, his Heirs and Assigns, 
very considerable Tracts of Land in New England, with divers 
Powers of Government over the said County thereby granted, 
as in the Bill is mentioned ; but Defendant, as to the several 
Tracts of Land and Premisses thereby granted to the said James, 
then Duke of York, craves leave to refer to the said Letters 
Patent under the Great Seal of England when produced, or the 
Exemplifiation or Enrollment thereof, alledged by the Bill to 
remain of Record in this Honourable Court. 

But denies, that he either knows, or believes, that the said 
Duke of York, by virtue of or under the said last recited Grant 
and Letters Patent, by his Governors, Deputy-Governors, and 
other Officers, or otherwise, became and was actually and really, 
or lawfully and rightfully, seized and possessed of or intitled 
to the said three Lower Counties of Newcastle, Kent, and Sus- 
sex, as belonging or appertaining to the said Provinces of the 
Jerseys and New York, or either of them, or as Part of, or ap- 
pertaining to, any of the Premisses so granted to him by any 
of the said Letters Patent of the 12th of March 1664, as is set 
out and pretended in and by the Bill. 

On the contrary, the Defendant hath heard, and believes, that 
the said Cecilius Lord Baltimore, and others, the Defendant's 
Ancestors, both before and after the said Year 1664, and from 
time to time, from the Grant of the said Charter in 1682, until 
as herein after is mentioned, did and exercised all Acts of 
Ownership, Proprietorship, and Government, within the said 
three Lower Counties, as absolute Lords and Proprietors there- 
of, and that they had a good Right and Title so to do. 

Doth not know, or believe, or ever heard, save from the Plain- 
tiffs and their Agents, that the said three Lower Counties were 
ever in the Possession of the Dutch, or were Dependents upon, or 
belonging, or appertaining to, the said Great Settlement of the 
two Jerseys and New York, as by the Bill is suggested. 

On the contrary apprehends and believes, the same were 
always dependent upon, and belonging to the Province of Mary- 
land, and fully comprehended and included within the Limits 
and Bounds described in the said Charter of Maryland to the 
said Cecilius the Defendant's Great Grandfather as aforesaid. 

And the Defendant insists, that the said Duke of York had no 
Right to grant the same away to any other Person, as is alledged 
and pretended by the Bill. 
7— Vol. XV. 



98 PENNSYLVANIA AND MARYLAND 

Hath heard, and believes it to be true, that, after his said late 
Majesty King Charles the Second had made such Grant in 1664, 
as aforesaid, to the said James Duke of York, a certain Treaty 
was concluded at Breda, between his said late Majesty King 
Charles the Second and the States-General, about the time in 
the Bill for that purpose set forth and mentioned ; and that the 
States-General, by such Treaty, ceded and yielded, to his said 
late Majesty, all places whereof his said late Majesty had been 
in Possession on the 10th of May 1667, as in the said Bill is al- 
ledged : To which Treaty the Defendant, for his greater Cer- 
tainty, craves leave to refer: 

Hath also heard, and believes, that War was, afterwards, de- 
clared between England and Holland, in or about the Year 
1672, as in the Bill is set forth. 

And that afterwards, and for ought the Defendant knows to 
the contrary, in or about the Month of July 1673, the Dutch 
entered into and upon their former said great Settlement, upon 
the Lands now called West and East New Jersey, and New Y r ork ; 
but denies, that he either knows, or believes, or ever heard save 
from the Plaintiffs and their Agents, that the Dutch likewise, 
upon or after such Declaration of War in 1673, entered into and 
upon the Lands now called the three Lower Counties of New- 
castle, Kent, and Sussex, as by the Bill is alledged. 

Hath heard, and believes, that to the contrary, in or about 
the Month of February 1673,asbythe Bill is alledged, a Treaty 
of Peace was concluded, between England and Holland, and that, 
by such Treaty, all Countries, which had been taken by each 
from the other, since the said last-mentioned War broke out 
in 1672, were agreed to be restored, by each of the contracting 
Parties, to the other, from whom the same had been taken : To 
which Treaty, for greater Certainty, the defendant craves leave 
to refer. 

Heard and believes, that in a very short time after the con- 
cluding the said last-mentioned Treaty of February 1673, his 
said late Majesty King Charles the Second, and the said James 
Duke of York, sent over Colonel Edmund And ross, afterwards Sir 
Edmund Andross, Knight, or same other Person or Persons, with 
Authority to receive from the Dutch the said Settlements of 
the two Jerseys and New York, and the Government thereof, to 
continue in the Command thereof under the said James Duke 
of York. 

But denies, that he either knows, or believes, or ever heard, 
save from the Bill, that the said Colonel Andross was sent over 
to receive, or did receive, from the Dutch, Possession of the 
said three Lower Counties of Newcastle, Kent, and Sussex, or 
anv Part thereof, at the time he so received from them their 



BOUNDARY QUESTION. 99 

said Settlement of the Jerseys and New York, as by the Bill is 
suggested ; the same not having, to the Knowledge or Belief of 
the Defendant, been in the Possession of the Dutch during the 
War, or delivered by the Dutch to the said Colonel Andross, or 
been under his Command or Government under his said late 
Majesty King Charles the Second, and the said James Duke of 
York, or either of them, by virtue of any Commission or Com- 
missions from them, or either of them, or otherwise howsoever. 

Hath heard and believes that, immediately, or soon, after the 
giving such Commissions and Authority to the said Colonel 
Andross, the Colonel went over to the New East and West 
Jerseys and New York, and took Possession thereof, for, and 
in behalf » f the said James Duke of York, and continued in 
Possession thereof, and under the Authority and in the Behalf 
of the said James Duke of York, did, for many Years together, ex- 
ercise all Sorts of Acts of Propriety and Government whatsoever 
throughout the said Provinces of New East and West Jerseys 
and New York. 

But denies, that he either knows, believes, or ever heard, 
save from the Bill and from the Plaintiffs and their Agents, 
that the said Colonel Andross, under the Authority and in the 
Behalf of the said James Duke of York, or of his said late 
Majesty King Charles the Second, by virtue of such his Commis- 
sions, or otherwise, exercised all, or any, kinds of Acts of 
Ownership or Government, within the said three Lower Counties 
of Newcastle, Kent, and Sussex, or either of them, or any Part 
thereof, or that he was any wise in the Possession of the same, 
or had any Right thereto by virtue of his said Commission 
under the Crown, or the Duke of York, or otherwise, however, 
the Right thereto, as the Defendant is advised and insists, being 
in the Defendant's said Ancestors, under the said Letters Patent, 
as aforesaid. 

Hath heard, and believes it may be true, that his said late 
Majesty King Charles the Second, in order to make unto the 
said Duke of York a clear Title to the said Countries which had 
been before granted to him in 1664, as aforesaid, by his Letters 
Patent, under the Great Seal of England, bearing Date at West- 
minster on or about the 29th Day of June, which was in the 
Year of our Lord 1674, did give and grant, unto the said James 
Duke of York, his Heirs and Assigns the same Territories 
which were granted by the said former Letters Patent ; and did 
thereby give and grant unto the said James Duke of York, in 
Pee, divers Powers of Government over the said Country and 
Territory thereby granted, as in the Bill is for that purpose set 
forth ; but for his greater Certainty therein craves leave to refer 
to the said Letters Patent, when produced by the Plaintiffs 



100 PENNSYLVANIA AND MARYLAND 

under the Great Seal of England, or to the Exemplification, or 
Enrollment thereof, alledged by the Plaintiffs to remain as of 
Record in this Court. 

Denies that he either knows, or believes that the said three 
LowerCounties of Newcastle, Kent, and Sussex, or any part there- 
of, were included in the said last mentioned Letters Patent to the 
Duke of York of 1674, or that any Interest therein, or Right 
thereto, passed to the said Duke of York, by virtue of the said 
recited Letters Patent, the same being, as the Defendant ap- 
prehends, and believes, no new Grant of any other Lands than 
what were before included in the said former Letters Patent 
to the Duke of York of 1664, but only a Confirmation of the 
very same Lands included in the said former Grant; which 
said former Grant or Letters Patent to the Duke of York no 
ways extended, as the Defendant is advised, and insists, to the 
said three Lower Counties of Newcastle, Kent, and Sussex, or 
either of them, or any Part thereof. 

Hath heard and believes, that the Plaintiffs late Father, 
about the time in the Bill for that purpose mentioned, peti- 
tioned his late Majesty King Charles the Second to grant him 
Letters Patent for a Tract of Land in America, as in the Plain- 
tiffs Bill is for that purpose set forth ; but having never seen 
the said original Petition, and knowing nothing thereof of his 
own Knowledge, must therefore crave Leave for his greater 
Certainty, as to the Contents of the Plaintiffs Father's said 
Petition, to refer to the said Petition itself, when produced. 

Doth not know, nor ever heard, save from the Plaintiffs Bill 
and from them and their Agents, and therefore cannot set forth, 
either as to his Knowledge or Belief, whether the Plaintiffs 
late Father was, or was not, about the time in the Bill for 
that purpose mentioned, or at any other time, called in by the 
Lords of the Committee of his said late Majesty's most Hon- 
ourable Privy Council for the Affairs of Trade and Plan- 
tations, to whose Consideration the said Petition (as the Plain- 
tiffs alledge by their said Bill) had been referred, as in the 
Plaintiffs Bill is set forth; nor whether the Plaintiffs said late 
Father was, or was not, then asked such Questions, or whether 
he did, or did not, make such Answer thereto, as in the Plain- 
tiffs Bill is for that purpose particularly set forth and alledged ; 
nor what was done or transacted thereon, nor what Proceed- 
ings were had relating thereto, the Defendant knowing thereof 
himself, but must refer the Plaintiffs to the Minutes and Orders 
of the said Privy Council, and Lords of Trade, for the same, th e 
Defendant being an entire Stranger thereto, otherwise than 
may appear by such Orders and Minutes. 

Hath heard and believes, that, pursuant to the Advice and 



BOUNDARY QUESTION. 101 

Reports of the Lords of his said late Majesty's most Honourable 
Privy Council, and by Letters Patent under the ^Great Seal of 
England, of such Date as in the Bill is for that purpose men- 
tioned, his said late Majesty did give and grant, unto William 
Penn, Esq ; the Plaintiffs said late Father, his Heirs and Assigns, 
a Tract of Land in America, with divers Powei-s of Government ; 
and that, by the same Letters Patent, the said Country was 
erected into a Province, and called Pensilvania; but the Defend- 
ant, for his greater Certainty, as to the proper Bounds, and 
Limits, and Dimensions of the said Tract of Land, so granted 
by the said Letters Patent to the Plaintiffs said Father, and 
called Pensilvania, begs leave to refer to the said last men- 
tioned Letters Patent under the Great Seal of England, when 
produced by the Plaintiffs. 

[HERE HE SWEARS THE LOWER COUNTIES TO BE ON 
THE OTHER SIDE OF DELAWARE!] 

But is advised and insists that the said last-mentioned Letters 
Patent no ways granted, or gave, to the Plaintiff's late Father 
the said three Lower Counties of Newcastle, Kent, and Sussex, 
or either of them, or any Part of them ; the said Province of 
Pensilvania, being entirely in the West Side of Delaware River, 
and the said three Counties being on the East Side of the said 
River, and no ways included in the said last mentioned Letters 
Patent. 

Denies that he either knows, or believes, or ever heard, that 
the Lords of his said late Majesty's Privy Council thought 
the Consent of the said Duke of York necessary before the said 
Grant of Pensilvania passed the Great Seal, for the Reasons in 
the Bill for that purpose mentioned ; or particularly in respect 
of the said three Lower Counties of Newcastle, Kent, and Sus- 
sex, or that the said Duke of York's Assent to the said Grant 
was, accordingly, for that reason, had and given to the Right 
Honourable the Lords of the Committee of Plantations, or 
before a Committee of the Privy Council of his said late Majesty 
King Charles the Second, as by the said Bill is suggested. 

[HERE HE SWEARS PENSILVANIA CONTIGUOUS TO 

NEW JERSEY AND NEW YORK, THO' IN FACT THE 

RIVER DELAWARE IS BETWEEN THEM!] 

But hath heard, and believes it to be true, that the said 

Duke of York's Assent was had to the said Grant, and that 

the said Lords of the Council thought such Assent necessary 

to the said Grant of Pensilvania, before they passed the same, 

in regard that, as this Defendant believes, their Lordships 

might be apprized that the Provinces of New East and West 



102 PENNSYLVANIA AND MARYLAND 

Jersey and New York, which were then in the Possession of tho 
said Duke of York, were contiguous to the said Tract of Land 
so passed by the said Grant, and intended to be erected into 
the said Province of Pensilvania, and therefore, their Lord 
ships were in some doubt whether it might not infringe upon 
the said other. Grant of the other Provinces of the Duke of 
¥ork, called New East and West Jersey and New York, and for 
that reason, and that reason only, as the Defendant hath heard 
and believes, and not particularly, or at all, with respect to the 
said three Lower Counties of Newcastle, Kent, and Sussex, their 
Lordships thought it necessary to have the said Duke of York's 
Assent to the said Grant, before it passed the Great Seal. 

Hath heard, and believes it may be true, that the said Wil- 
liam Penn the Plaintiffs late Father, after obtaining the said 
Grant of Pensilvania, and to take away all manner of Objec- 
tions thereto from the said Duke of York, or any Claiming 
under the Duke, did make Interest and prevail upon the said 
Duke of York to confirm the same; and that the said Duke of 
York, afterwards, by Indenture dated on or about the 21st of 
August 1682, and made between such Parties as in the Bill are 
for that purpose mentioned, did remise, release and for ever 
quit claim, unto the said William Penn, his Heirs and As- 
signes, all his the said Duke of York's Right, Title and In- 
terest, whatsoever, to the said Tract of Land and Premisse s 
before granted by the said Letters Patent of the 4th of March 
1680, To hold to the said William Penn, his Heirs and Assigns, 
for ever; but the Defendant craves leave, for his greater Cer- 
tainty, to refer to such Indenture when produced. 

Doth not know, but hath heard, that, soon after the Grant 
was made by the said King Charles the Second of the said Pro- 
vince of Pensilvania, and confirmed by the said Duke of York 
unto the Plaintiffs late Father as aforesaid, the said James 
Duke of York did make and execute two several Indentures of 
Feoffment, of the 24th of August 1682, to the Plaintiffs Father 
William Penn, as in the Bill is for that purpose particularly 
set forth and mentioned ; and that there might be such Coven- 
ant therein, on behalf of the said Duke of York, and such 
Power for Livery and Seisin, as in the Bill are mentiond ; but 
the Defendant, knowing nothing thereof of his own Knowledge, 
or otherwise than by Information, for his greater Certainty as 
to the Contents of the two last mentioned Indentures of Feoff- 
ment, and the Premisses thereby intended to be enfeoffed to 
the said William Penn, begs leave to refer to the said Inden- 
tures of Feoffment when produced. 

But denies that he either knows or believes, that any Right 
to, or Interest in, the said three Lower Counties of Newcastle, 



BOUNDARY QUESTION. 103 

Kent, and Sussex, or either of them, or any Part of them, passed, 
or could pass, to the said William Penn the Plaintiffs late 
Father, by virtue of, or under, the said pretended Indentures 
of Feoffment, or either of them from the said Duke of York ; 
the said Duke of York having no manner of Right or Title 
thereto himself, under either of his Grants from the Crown 
before-mentioned. 

Hath heard, and believes it to be true, that the said Duke of 
York was so sensible he had no manner of Right or Title to the 
said three Lower Counties, or either of them ; and that his said 
Grants and pretended Feoffments to the Plaintiff's late Father 
in 1682, (if any such Feoffments there really and in fact were) 
were of no Validity or Force, with respect to the said three 
Lower Counties of Newcastle, Kent, and Sussex, that the said 
Duke of York, soon afterwards, in the Year 1683, obtained a 
Warrant from his late Majesty King Charles the Second for 
passing a Patent, whereby the said three Lower Counties were 
intended to have been granted to the said Duke of York ; and 
that a Copy of a Bill was afterwards prepared by his Majesty's 
then Attorney-General for that purpose ; but the same, as the 
Defendant hath heard and believes, was never passed into a 
Grant; for that the then Lord Baltimore, having notice thereof, 
presented a Petition to his Majesty, in opposition to the passing 
the said Bill under the Great Seal, and praying the same might 
not pass till his Majesty should be satisfied of the said Letters 
Patent formerly granted to Cecilius Lord Baltiomre, as afore- 
said, wherein the said three Counties of Newcastle, Kent, and 
Sussex, were comprized ; which as this Defendant hath heard 
and believes prevented the passing the said Bill into a Grant 
of the said three Lower Counties to the said Duke of York. 

And this Application of the said Duke to the Crown for a 
Grant of the said three Counties in 1683, is the strongest Evi- 
dence, as the Defendant is advised, and insists, that it was then 
apprehended the Duke had no manner of Right or Title thereto, 
and the not passing the said Bill into a Grant, upon the Lord 
Baltimore's Petition against the same, shews the Sense of the 
Crown to be so at that time. 

Knows nothing of the Plaintiffs late Father William Penn 
having taken Possession in Form, of the Premisses contained 
in the said respective pretended Indentures of Feoffment, or of 
any Tenants of the said Premisses, attorning to him, at the 
time, or in the manner, as by the Bill is suggested, or at any 
other time, or in any other manner, whatsoever; but, if the 
Fact really was so, and that the Plaintiffs late Father did 
really take Possession of the said Premisses in the manner as 
by the Bill is pretended, which the Defendant neither knows or 



104 PENNSYLVANIA AND MARYLAND 

believes, yet, the Defendant is advised and insists his so doing- 
was a Wrong and Injury done tu the Defendant's said late An" 
cestor, the then Lord Baltimore, and an Infringement upon his 
Right and the Lands granted to him by the said Charter of 
Maryland, and that the Plaintiffs late Father had no manner 
of Right so to do ; and that the Plaintiffs ought not, now, to be 
permitted in a Court of Equity, to make use of the Injustice and 
Injury their late Father committed against the Defendant's 
said Ancestor, to support their Pretensions to what they have 
no manner of Right to. 

Knows nothing of the pretended Proclamation by the Plain- 
tiffs Bill, set forth to have been made by the Governor and 
Council of New York, in favour of the Plaintiffs late Father, 
and in support of the said two Indentures of Feoffment from the 
Duke of York in 1G82, and must, therefore, leave the Plaintiffs 
to make such proof thereof as they shall be able, or advised. 

But is advised, and insists, that such Proclamation (if any 
such really was made) could noways impeach the said Charter 
of Maryland, or the said Letters Patent to the said Cecilius in 
1632, or take away any Right the Defendant or his said Ances- 
tors had to any Lands under the same. 

Believes the said three Counties of Newcastle, Kent, and 
Sussex, may be comprized and included within the Bounds and 
Descriptions of the said Indentures of Feoffment of 1682, but 
the Defendant is advised, and humbly insists, the Plaintiffs 
can have no right to the said three Counties, or any Part of 
them, under the said Indentures of Feoffment, or otherwise, 
for the Reasons herein before particularly mentioned; and 
particularly for that the said Duke of York, at the time of 
his making the said Feoffment, if any such Feoffments were 
made, had no manner of Right to the said Counties, or either 
of them, or any Part thereof. 

Hath heard, and believes it may be true, that the Plaintiffs late 
Father might enter into the peaceable Possession of the said Pro. 
vinee of Pensilvania about the time in the Bill for that purpose 
mentioned ; but denies that he either knows, or believes, or 
ever heard that the said William Penn, at or about the time in 
the Bill for that purpose mentioned, or at any other time, 
whatsoever, entered into the peaceable Possession of the said 
three lower Counties, as Proprietor thereof, as in the Bill is 
untiuely suggested, or that he had any right so to do, or that 
the said William Penn, or those claiming under him, now are, 
or ever were Proprietors thereof, or ever in the Possession 
thereof as such, or had any Right or Title thereto, whatsoever. 

But hath heard and believes that, there being a Dispute, 
between the Crown and the Defendant's Ancestor, touching the 



BOUNDARY QUESTION. 105 

Right to the said three Lower Counties, and the Defendant's 
Ancestors having been under some supposed legal Disabilities, 
whereby they were restrained from exercising any Acts of Gov- 
ernment, and these three Counties not being of Extent and 
Riches enough to maintain a Governor of themselves, separately 
and independent of any other Province, the Governors of Pen- 
silvania, for the time being, for many Years past, have been 
permitted to have the Government, and to exercise a Jurisdic- 
tion, over the said three Counties ; but notwithstanding such 
Permission the said Counties were never, to the Knowledge or 
Belief of the Defendant, look'd upon as Part of Pensilvania, 
or that the Plaintiffs, or any of their Ancestors, had any Right 
or Title thereto : and, as an Evidence of this, the Defendant 
hath been informed and believes, and doubts not but it will 
appear, that the Plaintiffs and their Ancestors have, always, 
from time to time, upon his Majesty's approving of a Governor 
for their said Province of Pensilvania and the said three Lower 
Counties, signed a Declaration in Writing, declaring that his 
Majesty's Royal Approbation and Allowance of such Governor 
of Pensilvania, to be at the same time Governor of the said 
three Lower Counties upon Delaware River, should not, in any 
manner, be construed to establish any Right in them to the 
said three Lower Counties, or to diminish or set aside the 
Right claimed by the Crown thereto. 

So that the Defendant apprehends, and is advised that it ap- 
pears from this Declaration of their late Father, and themselves. 
from time to time, that he and they was and were sensible, he and 
they had no Right to the said three Lower Counties, but that he 
and they, and the Deputy-Governor of the said Province of 
Pensilvania under him and them, held the Government of the 
said three Lower Counties in Trust only for the Crown, or of 
such other as should make out a Title to the same under the 
Crown. 

Defendant doth not know, or believe, or ever heard, that the 
Plaintiffs, or their Father, ever received Quit-Rents from the In- 
habitants of the said three Counties as Proprietors thereof, 
but, however that might be, the Defendant is advised and in- 
sists that any illegal, or usurped, Possession of their's of the 
said three Lower Counties, or any Part of them, can in no wise 
support their Pretended Right or Title, thereto, as the same 
are clearly comprized within the Limits and Bounds described 
in the said Charter of Maryland granted to the Defendants said 
Ancestor Cecilius, as aforesaid. 

But the Defendant apprehends the original Right, to the said 
three Counties, cannot be drawn into Question in this Suit, 
and therefore the Defendant apprehends and is advised all these 



10G PENNSYLVANIA AND MARYLAND 

Parts of the Bill, relating to the Grants from the Crown and 
the Duke of York, might have been very well omitted out of 
the Plaintiffs Bill. 

Denies that he either knows, or believes, or ever heard, save 
from the Plaintiffs Bill, that the Plaintiffs late Father William 
Penn, at his own Charge, peopled and settled the said three 
Lower Counties of Newcastle, Kent, and Sussex, or that the 
Plaintiffs, or their said late Father, have been at the Expence 
of 60,0001. Sterling in peopling, settling and improving the same, 
as is pretended by the Bill, or that they have been at any Ex- 
pence at all on that Account, to the Knowledge or Belief of 
the Defendant: for, on the contrary, the Defendant hath heard, 
and believes it to be true, that the Plaintiffs late Father was 
not at the Charge or Expence of peopling or settling the Pro- 
vince of Pensilvania, but that the settling and improving, even 
of that Province, was begun and carried on to the Expence, 
Hazard and Industry of divers People who purchased, at first, 
a very considerable Tract of Land from the Plaintiffs late 
Father, to the amount of 600,000 Acres, and were at the Trouble, 
Hazard and Expence of settling, peopling and cultivating the 
same, and paii the said Wiliam Penn a considerable Consid- 
eration for such Purchase; by which the Plaintiffs said Father 
was an immediate Gainer by the first settling and peopling the 
said Province of Pensilvania, and was not at the Hazard or Ex- 
pence thereof himself: And, as this was the Method the Plain- 
tiffs late Father took, in settling and peopling the said Prov- 
ince of Pensilvania, to which he had, as the Defendant believes, 
a Right, is very improbable to imagine he should be at any Ex- 
pence in settling, peopling, or improving the said Lower Coun- 
ties of Newcastle, Kent and Sussex, or either of them, or 
any part of them, to which he must, as the Defendant appre- 
hends, know he had no manner of Right or Title. 

Saith that if the said three Lower Counties of Newcastle, 
Kent and Sussex were part of, or appertaining to, the said Pro- 
vince of Pensilvania, which however he insists they are not, he 
believes they, together, would not make one of the most con- 
siderable and populous Provinces or Colonies for the Age 
thereof in America. 

And, for ought the Defendant knows to the contrary, the 
Number of Souls, in the said three Lower Counties only, ex- 
clusive of Pensilvania, may be esteemed to be 40,000, or near 
that Number. But denies that when he lately came out of the 
said Province of Maryland into the said three Lower Counties, 
he was at all surprized, as is suggested by the Bill, to see how 
much thicker of Inhabitants, or of beautiful Plantations, the 
said three lower Counties were, than the said Province of Mary- 



BOUNDARY QUESTION. 107 

land was ; neither, in Fact, are there, to the best of the Defend- 
ant's Judgment and Belief, more beautiful Plantations in the 
said three Lower Counties than in the other Parts of the De- 
fendant's said Province of Maryland; nor are the same thicker 
of Inhabitants, as the Plaintiffs suggest. 

Knows nothing of the subsequent Letters Patent, in the said 
Bill alledged to have been obtained by the said Duke of York 
from his said late Majesty King Charles the Second, dated the 22d 
of March 1682, nor ever heard of the same, or of such Letters 
Patent having been obtained or granted, save from the Plaintiffs^ 
and doth not believe there are any such, and must, therefore, 
refer to the saniq, if any such were granted, under the Great 
Seal of England, when produced by the Plaintiffs ; but, if such 
Letters Patent, as are last mentioned, were obtained by the said 
Duke of York, and granted by his said late Majesty, as the 
Plaintiffs suggest, yet, the Defendant denies that he either 
knows, or believes, that the same were so obtained or granted 
in Trust for the Plaintiffs late Father, or in Pursuance or Per- 
formance of any the Covenants in the said pretended Indentures 
of Feoffment from the said Duke of York to the Plaintiffs said 
Father, or that the said Duke of York delivered the said Letters 
Patent under the Great Seal to the Plaintiffs Father immediately 
or at any time to the Plaintiffs Father, as is pretended by the 
Bill ; but the Defendant is advised and insists that the said last 
mentioned Letters Patent, if obtained by the said Duke of 
York, as by the Bill is suggested (but which this Defendant doth 
not believe) could not any way divest the Defendant, or any 
of his Ancestors, of the Right they had to the said three Lower 
Counties, or either of them, under their Original Charter of 
Maryland, from the Crown in 1632, such Letters Patent being 
long Subsequent in time to the said Charter. 

Hath heard, and believes it to be true, that the said Duke of 
York, about the time in theBill mentioned, was solhciting and 
endeavouring to procure from the Crown a further Grant of the 
three Lower Counties of Newcastle, Kent and Sussex, and that, 
before such Grant passed the Great Seal, it was stopt, upon a Pe. 
tition presented to his late Majesty King Charles the Second, on 
behalf of the said Lord Baltimo re, the Defendant's Ancestor 
and in support of his Right and Claim to the said three Lower 
Counties, as in the Bill is also for that purpose mentioned, and 
as herein before is mentioned and set forth. 

But denies that he either knows, or believes, that the said 
Duke of York so sollicited such further Grant of the said three 
Counties in pursuance of any Covenants with the Plaintiffs 
said late Father, as is pretended by the Bill, or that the Duke 
of York, in case he had procured such further Grant, intended 



108 PENNSYLVANIA AND MARYLAND 

it for the Benefit of the Plaintiffs late Father, but for his own 
Use and Benefit. 

Hath heard, and believes it to be true, that such last men- 
tioned Petition, on behalf of the said then Lord Baltimore, 
having been presented to his Majesty, was, by his Majesty's 
Order in Council of such Date as in the Bill is set forth, re- 
ferred to the Consideration of the then Committee of Trade 
and Plantations, (and which Committee the Defendant believes 
did then consist of such of the Lords of his said Majesty's Most 
Honorable Privy Council as charged by the Bill.) 

Hath likewise heard, and believes it to be true, that the said 
then Lord Baltimor? was, by himself or Council, heard thereon, 
touching his Right and Title to the Land and Soil of the said 
three Lower Counties. 

But denies that he either knows, or believes, or ever heard, 
save from the Plaintiffs, that the Plaintiffs late Father was 
divers, or at any time, heard before the said Committee in 
his own Right, or touching any Right pretended to be in him 
to the said three Counties, or either of them, or any part of 
them ; nor did the Plaintiffs late Father then, as the Defend- 
ant either heard of, or believes, pretend, or insist upon, any 
Right in himself to the said three Lower Counties, or either or 
them, before the said Committee, but appeared, upon that oc- 
casion, as Agent only for and on the behalf of the said Duke 
of York, and to support the Duke of York's Pretensions to the 
said three Counties against the then Lord Baltimore, and not 
under the Pretence of any Right in himself. 

Denies that he either knows, or believes, that it appears any 
otherwise, by the Register Books, or any of the Proceedings of 
the said Committee of Council or Committee of Trade and 
Foreign Plantations ; or that, in the Prosecution of the said 
Suit, it is from time to time continually taken notice of, or 
expressly mentioned in the Minutes or several Orders made by 
the said Committee thereon, that the then Dispute and Differ- 
ence was a Dispute between the then Lord Baltimore and the 
Plaintiffs said Father, although the Plaintiffs Father did some 
time make Use of the said Duke of York's Name therein, as 
holding under the Grants and Covenants for further Assurance 
of the said Duke of York, as is alledged in and by the Bill ; but 
on the contrary, the Defendant apprehends, and doubts not but 
that it will appear from the said Register Books, and all the 
several Proceedings throughout the Prosecution of the said Dis- 
pute, from the begining to the end thereof, that the Duke of 
York himself, by his Council, and other Agents, did assist and 
interpose in the said Suit against the then Lord Batimore's 
Claim to the said three Lower Counties, and that the Plain- 



BOUNDARY QUESTION. 109 

tiffs said Father was no ways concerned, or acted, therein, other- 
wise than as Agent to the said Duke of York, or that any of 
the said Proceedings before the said Committee declare, or so 
much as even Tacitely, or otherwise imply, or tend to shew, 
that the Grant of the three Lower Counties, which the Duke 
of York had obtained from the Crown after the said pretended 
Feoffment to the Plaintiffs late Father, or such further Grant 
which he was then sollicting to obtain, or either of them, were 
in Trust for, or for the Benefit of, the Plaintiffs late Father, 
as is pretended and suggested in and by the Bill. 

Doth not know, nor can set forth, whether there were, or 
were not, such several Minutes, Orders and Reports, of such 
particular and respective Dates, made by the said Committee 
of Council, upon, and during the Continuance of, the said Dis- 
pute, as in the Bill are particularly set forth and mentioned, the 
Defendant not having examined the Council Books, or com- 
pared the respective Dates, in the Bill mentioned, with the 
Entries thereof in such Books ; nor does he apprehend it at 
all Incumbent on him so to do, but begs to refer to the Council 
Books themselves when produced as to the several and particular 
Orders, Reports and Minutes that were so made by the said 
Committee pending such Dispute as aforesaid. 

Hath heard, and believes it to be true, such final Order in 
Council, and of such Date, was made, upon the said Dispute, 
touching the Right to the said three Lower Counties, between 
the then Lord Baltimore, and the Crown, as in the Bill is for 
that purpose set forth, but, for his greater Certainty therein, 
craves leave to refer to the said Original Order itself, or to th9 
Entry or Minute thereof in the said Council Books when pro- 
duced. 

Saith he is advised and insists that the said last mentioned 
Order in Council is so far from being an Evidence of any Right 
in the Plaintiffs, or their said late Father, to the said three 
Lower Counties, that it makes no manner of mention of any 
Right pretended thereto by the Plaintiffs late Father, and the 
Division thereby directed of the said three Lower Counties is 
only between his then Majesty and the then Lord Baltimore. 

And the Defendant is advised and apprehends and insist that 
the said last mentioned Order in Council in 1685, could no 
ways legally deprive the Defendant, or his Ancestors, of the 
Right they had to the said three Lower Counties under their 
Original Charter in 1632 from the Crown, which was granted 
upwards of 50 Years before the making of that Order in Council ; 
and which the Defendant is likewise advised and insists was 
inconsistent with two former Orders in Council, of the 3d of 
July 1633, and of the 4th of April 1638. 



110 PENNSYLVANIA AND MARYLAND 

And apprehends the said Orders in 1683 and 1638 ought to 
have the greater regard paid to them, because it is much more 
likely that the Intention of the Crown should be more clearly 
known in 1633 and 1638, so soon after the granting the said 
Charter of Maryland, as to the Lands comprized in such Charter, 
than upon a Dispute, afterwards, so many Years, as in 1685. 

Saith, for ought the Defendant knows to the contrary, it may 
be true that, during the said Contest in the Years 1688, 1684 
and 1685, the then Lord Baltimore might produce to the 
then Committee of Trade and Plantations, a Copy of the said 
Order of the Committee of Foreign Plantations, dated the 4th 
of April 1638 herein before mentioned, in order to shew that 
former Board's Opinion touching the said Lord Baltimore's 
Right to the said three Counties, but the Defendant knoweth 
nothing thereof of his own Knowledge ; and the Defendant is 
an entire Stranger to the Charge ir. the Bill, that such Copy 
was not an attested Office Copy, and that, therefore, the Board 
refused to admit of the same as Evidence, or that they gave the 
said Lord Baltimore time to procure an authentick and attested 
Copy thereof, or that he afterwards declared to the said Board 
that he could not find the Original, whereby an attested 
Copy might be procured ; but, in case the Fact was so, which 
the Defendant neither knows or believes, it cannot, as the 
Defendant apprehends, considering all the Circumstances, 
throw any Imputation upon the Reality of the said Order made 
so many Years before; but the Defendant assuredly believes 
such Order was made, and the Copy thereof, produced by the 
said Lord Baltimore on the aforesaid Occasion, (in Case any 
such was produced) was a true and exact Copy thereof, and 
that the same was not any fictitious Paper drawn up to serve 
that, or any other, particular Purpose, as is most unreasonably 
insinuated in and by the Bill. 

Saith such Orders are, as the Defendant verily believes, now 
remaining amongst the Office Books and Papers at and belong- 
ing to the Office of Trade and Plantations at Witehall, where 
the Plaintiffs or their Agents may, if they please, peruse and 
inspect the same, and where the Defendant is informed, and 
believes, the Plaintiffs Sollicitor in this Cause hath perused 
and inspected the same, and had Copies thereof. 

Believes that the Plaintiffs Father had not made any very 
large, or very expensive Improvements in the said three Lower 
Counties, before the time of the said last mentioned Order of 
Council of November 1685 was made, nor doth know or believe 
that the Plaintiffs, said late Father, or the Plaintiffs, even at 
this Day, and to this Hour, have made any large or expensive 
Improvements in the said three Counties, or either of them, 



BOUNDARY QUESTION. Ill 

or that they, or either of them, have been at any Expenee in sett- 
ling, improving, cultivating, or peopling the said three Coun- 
ties, or either of them, or any part of them or that they "ever 
Mortgaged their Estate in England, or America, for that pur- 
pose, or that they have ruined, or distressed, or any ways im- 
poverished, their Family, by that means, as is suggested in the 
Bill. 

But believes that the Plaintiffs late Father, and the Plain- 
tiffs since his Decease, may have been at some Expenee, but to 
what amount cannot say or set forth, either as to his Know- 
ledge, or Belief, in making Presents to, and Treating with, the 
Neighbouring Indians, or the Indians inhabiting near the said 
three Lower Counties, and which the Defendant apprehends 
it was nceessary for them to do in order to support and promote 
their Trade with the Indians, and to keep up a good Corres- 
pondence with them as they are Proprietors of Pensilvania ; but 
denies that he either knows, or believes, that they were at any 
such Expenee on Account of the said three Lower Counties, 
the same being wholly, as the Defendant believes, on Account 
of their own Province of Pensilvania, which Borders upon or 
Adjoins to the said Counties. 

Verily believes that the Plaintiffs, or their said late Father, 
would not have been at any such Expenee, or at any Expenee at 
all, for the Benefit or Protection of the said three lower Counties, 
or the Inhabitants thereof, or for the promoting their Trade, 
and that all the Expences they were, or ever have been at, was 
for the Benefit, Safety, Promotion and Improvement of the said 
Province of Pensilvania only, and not of the said three lower 
Counties, or either of them. 

Doth not know, but believes it may be true, that the Plain- 
tiffs, or their late Father, may have Mortgaged their Lands in 
America, or their said Province of Pensilvania, but not for the 
Purposes or Reasons in the Bill suggested, and denies that he 
either knows, or believes, that they, or either of them, did, 
or could Mortgage the Lands of the said three Lower Counties, 
or either of them, or that any one would accept of a Mortgage 
of the same, or lend them any Money thereon, in regard, as the 
Defendant believes, they have no manner of Right thereto, and 
could not make the same a proper Security, or any security 
at all, for any Money that might be advanced them thereon. 

Doth not know, nor can set forth, either as to his Knowledge, 
or Belief, whether most part of the Lands in the said three 
Lower Counties are taken up and cleared, as by the Bill is sug 
gested, or what particular Part or Quantity of the said Lands 
in the said three Lower Counties are taken up and cleared, or 
what Number of Plantations there may be thereon ; but believes 



112 PENNSYLVANIA AND MARYLAND 

that that there are many Towns, Villages, Churches, Meetings, 
Court-Houses, Assembly-Houses, Harbours, Piers, Dwelling- 
Houses, and other publick and private Structures, Buildings, 
Edifices and Improvements built and made therein. 

But denies that he either knows, or believes, or ever heard, 
save from the Plaintiffs and their Agents, that all this has been 
done, or that the said three Counties have been thus improved, 
by the great and continual Pains, Labour and Industry, or by 
the many repeated Toils and Hazards, of the Plaintiffs said 
late Father, or of the Plaintiffs, or either of them : on the con- 
trary, hath been credibly informed, and believes, that the said 
Counties were first settled and improved at the Expence, and 
by the Care and Industry of, the Defendant's Ancestors, Pro- 
prietors of Maryland, and Inhabitants of the said Counties 
themselves, and not of the Plaintiffs late Father, or the Plain- 
tiffs, who were at no Expence therein to the Knowledge, or 
Belief, of the Defendant. 

Knows nothing of any Purchases, made by the Swedes and 
Dutch, of any Tracts of Land within the said three Lower 
Counties, from the Indian Natives, Owners and Possessors of 
such Lands, for valuable Considerations, or otherwise, as pre- 
tended by the Bill, nor knows, or believes that any Right, to 
any such Lands, within the said three Lower Counties, did, or 
could, pass to, or vest in, the Plaintiffs said Father, under or by 
Vertue of such pretended Purchases from the Indians by the 
Swedes and Dutch. 

Neither knows any thing of any Purchases, by the Bill pre- 
tended to have been made by the Plaintiffs late Father, of th e 
Indians, Natives and Owners of any of the Lands comprized 
within the Limits of the said three Lower Counties, or of any 
Conveyance to the Plaintiffs late Father of any such Lands, as 
is suggested by the Bill, and, therefore, must refer to such Con- 
veyances (if any such there were) when produced by the Plain- 
tiffs and to such Proof thereof as they can make of the due Exe- 
cution thereof, or paying any Consideration for the same. 

But is advised and insists the Plaintiffs, or their late Father, 
can, or could, have no manner of Right, to any part of the 
Lands within the said three Lower Counties, under, or by 
Vertue of, any such pretended Purchases or Conveyances from 
the Indians, if any such there really were, and that the De- 
fendant's Right or Title thereto, under the said Original Charter 
of Maryland in 1632, can in no wise be affected thereby. 

Doth not know, nor can set forth, whether the Lands, comprized 
in the said pretended Deeds or Conveyances to the Plaintiff's 
Father from the Indians (if any such there be) do, or do not, of 
themselves, make up three fourths of all the Lands within the 



BOUNDARY QUESTION. 113 

said three LowerCounties, or whether the other parts of the same 
three Counties have, or have not, been heretofore purchased by 
the Swedes and Dutch, the Defendant knowing nothing of such 
pretended Purchases from the Indians, or of the Conveyances by 
which the same are pretended to have been assured to the Plain- 
tiffs, or the said Dutch and Swedes, or of the particular Lands 
comprized therein, or otherwise than from the Allegations of 
the Plaintiffs Bill, by which the Defendant apprehends it is 
impossible for him, or any one else, to form any judgment, or 
Belief, concerning the same, the Description, made use of in 
the said pretended Purchase-Deed from the Indians, of the 
Lands thereby pretended to be passed, as set out by the Bilb 
being no other but, as far as a man can ride with a Horse in two 
days, and which may be more, or less, according to the good- 
nes» of the Horse or ability of the Rider, and is, as the De 
fendant apprehends, so uncertain a Description as can in no 
wise enable the Defendant to answer the Plaintiffs particular 
Charges relating thereto ; nor is it any ways material, as the 
Defendant is advised and apprehends, to the Matters in Ques- 
tion between the Defendant and the Plaintiffs whether the said 
pretended Conveyances from the Indians contain the whole, 
three Fourths, or any other particular Quantity, or part, of the 
said three Lower Counties? 

Denies that, to the Knowledge or Belief of this Defendant. 
any of his Ancestors knew of any such pretended Purchases of 
the Plaintiffs, or their late Father, from the Indians, or of their 
peopling, settling or improving the said three Lower Counties 
as suggested by the Bill, and, therefore, could not be said to 
have suffered the Plaintiffs Father to go on peaceably and 
quietly without the least Claim or Interruption whatsoever, to 
make such pretended Purchases, or to people, cultivate or im- 
prove the said three Lower Counties, after the said order in 
Council of 1685, as is alledged in and by the Bill, the Plaintiffs 
said Father never having made any such Improvements, or 
peopled or settled the said three Lower Counties, or either of 
them, or any part of them, in the manner as is alledged by the 
Bill, to the knowledge or belief of this Defendant. 

Doth not know, but believes it may be true, that the De- 
fendant's Ancestor, and, as the Defendant believes, the same 
Lord Baltimore as in the Bill is for that purpose named, pre- 
sented a petition to her late Majesty Queen Anne, in January 
1708, and that such Petition, for ought the Defendant knows to 
the contrary, might be to the Effect in the Bill set forth ; but 
the Defendant, not knowing the same of his own Knowledge, 
craves leave to refer to the said Petition, itself, when produced. 
8— Vol. XV. 



114 PENNSYLVANIA AND MARYLAND 

Likewise believes that such last mentioned Petition was re- 
ferred, by her late Majesty, to the Consideration of the then 
Lords Commissioners for Trade and Plantations, about the 
time in the Bill for that purpose mentioned. 

Doth not know, but hath heard and believes, that the Plain- 
tiffs late Father, about the time in the Bill for that purpose 
mentioned, presented his Petition to her said late Majesty, in 
opposition to the said other Petition of the then Lord Baltimore 
and praying that the same might be dismissed, and, for ought 
this Defendant knows to the contrary, such Petition of the 
Plaintiffs late Father might be to the Effect in the Bill, but 
this Defendant, knowing nothing thereof of his own Knowl- 
edge, craves Leave to refer to the said Original Petition, 
when produced. 

Saith, that for ought he knows to the contrary, such Order 
might be afterwards made by her Majesty in Council on the 
said last mentioned two Petitions, as in the Bill is set forth 
and mentioned, but, knowing nothing thereof of his own Knowl- 
edge, craves Leave to refer to the said Order in Council, if any 
such there be, or the Entry thereof in the Council Books, when 
produced. 

Saith, he doth not know of his own Knowledge, but, for 
ought this Defendant knows to the contrary, it may be true, 
that such further Application, and such other Petition, was 
afterwards made and presented, in 1709, by the then Lord Bal- 
timore, and such Orders made by her late Majesty in Council 
thereon, as in and by the Bill for that purpose set forth and 
mentioned, but, knowing nothing thereof of his own Knowl- 
edge, craves Leave to refer to the said Petition and Orders, or 
the Entry thereof in the Council Books, when produced. 

Denies that he either knows or believes that the Plaintiffs 
late Father, afterwards, or at any time during his Life, was or 
remained in quiet and peaceable Possession of the said three 
Lower Counties, or either of them, or any part of them, in his 
own Right, as pretended by the Bill, or otherwise than as afore- 
said. 

Hath heard, and believes it to be true, that the Plaintiffs 
Father departed this Life about the time in the Bill, and, for 
ought this Defendant knows to the contrary, he might before 
such his Decease, duly make and execute his last Will and 
Testament in Writing, of such purport, and to such Effect, as 
in the Bill is particularly set forth. 

And that the Plaintiffs Mother might, afterwards, prove 
the same, in the manner in the Bill mentioned, but this De- 
fendant knowing nothing thereof of his own Knowledge, must 
refer to such Will, when produced, and such other Evidence 
as the Plaintiffs shall think fit to make concerning the same. 



BOUNDARY QUESTION. 115 

Never heard of the Deed-Poll, or Appointments, by the 
Plaintiffs said Bill set forth to have been made and executed by 
Hannah Penn, the Plaintiffs Mother, in pursuance of the Power 
she had or was invested with by the Will of the Plaintiffs late 
Father, or of the several Allotments or Divisions thereby al- 
ledged to have been made by her of the Premisses in the Bill 
for that purpose mentioned, amongst the Plaintiffs, otherwise 
than by the Bill, and the same, as he believes, being in the 
Plaintiffs Custody or Power, he must therefore crave Leave to 
refer to the said Deed-Poll. or Appointment, when produced. 

Hath heard, and believes it to be true, that the Plaintiffs 
said Mother Hannah Penn, departed this Life, about the time 
in the Bill for that purpose mentioned, and that Dennis Penn 
her Son, in the Bill named, might also die, an Infant, and 
without Issue, about the time as therein is mentioned. 

Hath heard of the Indentures of Lease and Release, alledged 
by the Bill to have been made and executed by the Surviving 
Trustees of the last Will and Testament of the Plaintiffs late 
Father, pursuant to the Directions in the Apointment alledged 
to have been made by the said Hannah Penn, but, as to the 
Contents thereof, must refer to the same, when produced by 
the Plaintiffs, being an entire Stranger thereto. 

Knows nothing of the pretended Mortgage by the Plaintiffs 
Bill alledged to have been made by their said Father William 
Penn, to Joshua Gree, John AVoods, and others, for the Sum of 
66001. or any other Sum, or of the said pretended Mortgage 
having lain at Interest for above 20 Years, as by tne Bill is sug- 
gested, or for any other Number of Years or Time, or of the 
Reconveyance pretended to have been made thereof by the 
Mortgages in 1729, neither did this Defendant ever hear thereof, 
save from the Bill, and from their Agents, and therefore must 
refer himself to the said Mortgage and Reconveyance, if any 
such ever were, when produced by the Plaintiffs. 

Denies that he either knows, or believes, or ever heard, save 
from the Bill, that the Plaintiffs upon their said Mother's de- 
cease, or at any time whatsoever, either entered into, or are 
now, in Possession of the said three Lower Counties or, either of 
them, or any part of them, or of all or any of the Lands, Tene- 
ments or Hereditaments therein, under or by Vertue of the said 
pretended Will, Appointment, Conveyance, Mortgage, and Re- 
conveyance, as by the Bill is untruly suggested, nor doth know 
or believe that the Plaintiffs, or either of them, have any Right 
or Title thereto undersuch pretended Will, Appointment, Con- 
veyance, Mortgage, or Reconveyance, or otherwise howsoever. 

Denies that he either knows or believes that the said Hannah 
Penn, after the Decease of the said William Penn, did enter into, 



116 PENNSYVLANlA AND MARYLAND 

or from the time of the death of the said William Perm, down 
to the time of her own death, was in the quiet and peaceable 
Possession of, the said three Lower Counties, or of all the Lands, 
Tenements, and Hereditaments therein, or any part thereof, in 
her own Right, or as a Trustee, or in Right of, the Plaintiffs, 
or either of them, as by the Bill is suggested, or in any other 
manner whatsoever than as Intruders upon the Right and Pro- 
perty of this Defendant and his said Ancestors, and subject 
thereto, and to the Right claimed thereto by the Crown as 
aforesaid. 

Neither doth know or believe, or ever heard, save from the 
Plaintiffs, that the said William Penn, in his Life-time, or the 
said Hannah Penn, after his death during her Life, or the 
Plaintiffs since her death, down to the time of the Plaintiffs 
said Bill, or since, respectively, and frequently from time to time 
as Occasion required, appointed Deputy or Lieutenant-Gov- 
ernors of the said three Lower Counties, in the manner pre- 
tended and suggested by the Bill, or in any other manner what- 
soever then as before mentioned and set forth by this Defend- 
ant. 

Or that they, or either of them, begun, continued, or carried 
on the great Improvements now in being thereon at their own 
sole and prodigious Expence, as pretended by the Bill, or that 
they, or either of them, were of any Expence on that Account, 
other than what they were obliged necessarily to be at for the 
Benefit and Safety of their said Province of Pensilvania. 

Believes that the Plaintiffs, and their said late Father and 
Mother, were so well apprized and conscious of the Right of this 
Defendant, and his said Ancestors, to the said three Lower 
Counties, and of the Weakness and Injustice of their Preten- 
sions thereto, that they would never have put themselves to 
any Expences for the improving or cultivating the said three 
Lower Counties upon so precarious and illegal a Pretence as 
they set up to the same, and which they must, as the Defendant 
believes, be sensible they could never support when properly 
and legally contested. 

Denies that he ever made such Application to the saidHannah 
Penn, for setting out and describing of the Bounds of the said 
other Province of Maryland and Pensilvania, during thelnfancy 
of the Plaintiffs, as is alledged and suggested in and by the 
Bill, or at any other time or times whatsoever, or that he this 
Defendant then, or at any other time or times whatsoever, or 
upon any Occasion whatever admitted to the said Hannah Penn, 
or to any other Person whatsoever, that he had no Right or 
Title to the said three Lower Counties, or to any part of them, 
as is untruly alledged by the Bill ; on the contrary, saith, he 



BOUNDARY QUESTION. 117 

this Defendant, and all and every of his Ancestors the Lords 
Baltimore, to the best of his Knowledge and Belief, always, 
fi*om time to time, and upon every Occasion, claimed, main- 
tained and supported their Right and Title to the said three 
Lower Counties, and every part of them, in the best manner 
they were able, and never, in any manner whatsoever, admitted 
they had no Title thereto, and have been at very great Ex- 
pence from time to time in supporting their Right thereto, by 
Building of Fortifications in the said three Lower Coun- 
ties, to defend the Inhabitants thereof from the Indians, and 
in improving and cultivating the same. 

Denies that he, to the best of his Knowledge, Remembrance 
and Belief, ever made any such Representation or Proposals 
to the said Hannah Penn, or to any such or the like Effect, as 
is untruly suggested in and by the Bill, or that any such Agree- 
ment was, thereupon, made, entered into or executed by and 
between the said Hannah Penn and this Defendant as by the 
said Bill is suggested; but believes it to be true that the said 
Hannah Penn, by her Self and Agents, and others on her be- 
half, did apply to this Defendant, about the Year 1723, and 
made some such or the like Representation and Proposals to 
this Defendant, as the Plaintiffs by their said Bill suggest this 
Defendant made to her, and desired and requested this Defendant 
to enter into an Agreement in Writing, in Order to settle the 
Boundaries of the said two Provinces of Maryland and Pensil- 
vania, and for the Prevention of all Contention and Differences 
between the Inhabitants of the said Provinces in the mean time. 

And this Defendant, thereupon, and at the earnest Request and 
Desire of the said Hannah and others on her behalf, consented 
to enter into some Treaty of Agreement for that purpose. 

And he this Defendant did, accordingly, afterwards, to that 
end, and about the time in the Bill mentioned, to the best of 
his Remembrance and Belief as to the time, enter into and exe- 
cute an Agreement with the said Hannah Penn, to the Purport 
and Effect in the Bill particularly set forth, but for his greater 
certainty thereof craves Leave to refer thereto, when produced 

And believes that one part of such last mentioned Agreement 
was executed by the said Hannah Penn and the other Persons in 
the Plaintiffs Bill for that purpose named, and delivered to this 
Defendant, but, not having the same in his Custody or Power, 
cannot set forth the same as is prayed by the Plaintiffs Bill, 
but as to the Contents thereof refers to that Part thereof in the 
Plaintiffs Custody, when produced. 

Hath heard and believes that such Proclamations were, after- 
wards, duly published in the said Provinces of Maryland and 
Pensilvania, by the Deputy-Governors thereof, in Pursuance 



118 PENNSYLVANIA AND MARYLAND 

ani Performance of the said Agreement, and about the times, 
in the Bill particularly set forth, and that such Proclamation 
published by the Deputy-Governor of Maryland was mentioned 
to be published by the Directions of this Defendant. 

Hath heard, and believes it to be true, that Matters remained 
at quiet, under the said last mentioned Agreement, not only 
during the 18 Months therein mentioned, but for a much longer 
time, in Vertue and Consequences, and under the true Intent 
Meaning and Equity of the said Agreement, as by the Bill is 
alledged. 

But denies that he either knows, or believes, that the Plain- 
tiffs late Mother, or the Plaintiffs, on their Parts, justly and 
truly observed the said Agreement, by not granting out or pre- 
tending to grant out any Lands near to the Borders of Pensil- 
vania or Maryland, or in the manner by the Plaintiffs Bill pre- 
tended ; on the contrary, saith he hath heard and believes that 
the Plaintiffs late Mother during her Lifetime, and the Plain- 
tiffs after her Decease, and pending the Continuance of the 
said last mentioned Agreement, frequently granted out Lands, 
near the Borders of the said Provinces, and Lands within the 
said three Lower Counties, without any legal Right or Au- 
thority for their so doing, and with a View and Design of de- 
feating and depriving this Defendant of his Right and Title to 
the said three Counties, and of Extending their Grants and Set- 
tlements far beyond the true Limits and Bounds of their said 
Grant or Charter of Pensilvania, and in direct Breach and Op- 
position of the said Agreement, to the great Wrong and Injury 
of this Defendant. 

Denies that the exact Marks and Bounds of the said Prov- 
inces of Maryland and Pensilvania, not being markt out pur- 
suant to the Design and Intention of the said last mentioned 
Agreement, was any ways occasioned by any Neglect in this De- 
fendant, this Defendant being then ready to have it done, on his 
part and amicably to have adjusted all Matters then inDifference 
or Dispute between this Defendant and the Plaintiffs or their 
said Mother ; and the not doing the same was wholly occasioned 
by the then neglect of the Plaintiffs and their said late Mother. 

Saith that he, on his Part, observed and performed the said 
Agreement, in every respect, as far as he was able, and was then 
on his Part, ready to have carried the same into Execution, if 
the Plaintiffs, or their said late Mother in her Life-time, would 
have concurred with him therein. 

Denies that he either knows, or believes, that the Plaintiffs 
said Mother, or the Plaintiffs, or either of them, did justly 
and honestly fulfil and perform the said Agreement, on their 
Parts, according to the true intent and meaning of the same, 



BOUNDARY QUESTION. 119 

as by the Bill is suggested, but saith that be did, on his Part, 
fully and truly, and in all points and in every respect perform 
and fulfil the same. 

Denies that he did, bj r himself, or any of his Governors, 
Commission Officers, and other Servants, to the best of his 
Knowledge and Belief, from the time of his first entering into 
the said Agreement, or at any time pending the Continuance 
thereof, make many, or any large or extensive Warrants, or 
Grants of great Quantities of Lands, to sundry Persons, with- 
out specifying where or in what Places the same were to lie, 
with intent that such Grantees should seat down upon, or take 
up, any Lands belonging to the Plaintiffs, or either of them, 
or their said late Mother, or any of their Ancestors, as is un- 
truly alledged in the Bill, or with any View, or Design of ex- 
tending his Settlements beyond the true Limits and Bounds of 
the Grant made to the said Cecilius, this Defendant's Ancestor. 

Saith he did on or about the first Day of July 1731, as in the 
Bill is for that purpose mentioned, present, or cause to be pre- 
sented, to his present Majesty, such Petition, praying his 
Majesty to order the Proprietors of Pensilvania, to join with 
him in settling and ascertaining the Boundaries of the said 
two Provinces of Maryland and Pensilvania, as in the Bill is 
for that purpose mentioned and set forth, and which, he 
humbly apprehends and conceives, is a clear and manifest 
Evidence of this Defendant's real Intention and Desire of per- 
forming the Agreement herein before mentioned, and shews the 
not performing of that Agreement, or the not carrying it into 
Execution, was not owing to any Neglect or Design in this De- 
fendant, as is pretended by tbe Bill, but to the Neglect or De- 
sign of the Plaintiffs. 

Denies that he either knows, or believes, that he prayed or 
desired by such his last mentioned Petition to his Majesty, 
presented on the first of July 1731 as aforesaid, that the Bounds 
of the said Provinces might be ascertained or settled upon the 
foot of the said Order in Council of 1685, or said other Order 
in Council of 1708, as suggested by the Bill; neither did this 
Defendant by such Petition, to the best of his Knowledge or 
Belief, exclude, or intend to exclude, the said three Lower 
Counties of Newcastle, Kent, and Sussex, or either of them, or 
any part of them, from being adjudged and determined to be 
part of his said Province of Maryland, or thereby mean, or 
intend, to leave to the Plaintiffs the said three Lower Counties, 
or either of them, or any part of them, as by the Plaintiffs 
said Bill is insinuated. 

Denies that he ever applied to the Plaintiffs, or either of 
them, or any other Person, or Persons on their Behalf , before the 



120 PENNSYLVANIA AND MARYLAND 

presenting such his Petition to his Majesty in July 1731 as afore- 
said, not to give up to him the said three Lower Counties, 
but only to settle the Limits and Bounds of the said Provinces 
of Pensilvania and Maryland exclusive of the said three Lower 
Counties, or either of them, or any part of them, or that he pre- 
sented, or caused such his last mentioned Petition to be pre 
sented, to his Majesty, as aforesaid, in Order to spur the Plain- 
tiffs on, or to bring them to a Compliance with any such Pro- 
posal or Desire, as is untruly suggested in and by the Bill. 

But, on the contrary, this Defendant always look'd upon the 
said three Lower Counties of Newcastle, Kent and Sussex, and 
every of them, and every part of them, to be part of, and of 
Right appertaining' to, his said Province of Maryland, and 
always insisted upon his Right thereto as such, and never 
acknowledged or believed the Plaintiffs, or either of them, had 
any Right or Title thereto, whatsoever. 

Hath heard and believes his Majesty, by his Order in Council, 
of such Date as in the Bill, was pleased to refer this Defendants 
said last mentioned Petition to the Consideration of the Lords of 
the Committee of his Privy Council, for hearing Appeals and 
Complaints from the Plantations, and that their Lordships of 
the said Committee, by their Order, likewise of such Date as in 
the Bill, were pleased again to refer the said last mentioned Pe- 
tition to the Consideration of the Lords Commissioners for 
Trade and Plantations, as by the Bill is set forth, but, for his 
greater Certainty therein, begs leave to refer to such Petition, 
Orders, or the Minutes thereof, in the proper Register Books, 
when produced. 

Saith that, soon after this Defendant's Application to his 
Majesty by Petition as aforesaid, for settling the Boundaries of 
the said Provinces, and the Plaintiffs perceiving that this De- 
fendant was intent and resolved to proceed in such Application 
in Order to obtain his Majesty's Determination thereon, the 
Plaintiffs, with a View to put a stop to the same, made frequent 
Applications to this Defendant, and, at last, by their earnest 
Solicitations and frequent repeated Requests, prevailed upon 
this Defendant to enter into a Treaty with them for settling 
and determining the Bounds of the said Provinces amicably 
between themselves, and to drop the Application he had made 
to his Majesty by Petition in the manner before mentioned, 
which he admits he was prevailed upon by them to do, and, 
therefore did not solicit or obtain any final Order from his 
Majesty upon such last mentioned Petition. 

Denies that such last mentioned Treaty, between the Plain- 
tiffs and this Defendant, for the purpose aforesaid, was first 
proposed by this Defendant, or entered into by the Plaintiffs, 



BOUNDARY QUESTION. 121 

or either of them, upon this Defendant's motion, Application, or 
Request, or of any Agent or Person concerned for this Defendant, 
or on this Defendant's Behalf, to the Knowledge or belief of 
this Defendant, as by the Bill is untruly suggested ; but, on 
the contrary, saith said last mentioned Treaty was first proposed 
by the Plaintiffs, and was agreed to, and entered into, by this 
Defendant, at the proper Instance, Desire and Request of the 
Plaintiffs, and upon their own Motion and Solicitation entirely. 
Saith that one of the Plaintiffs frequently waited upon this 
Defendant, at his house in Grosvenor Square, after such this De- 
fendant's Application to his Majesty by Petition as aforesaid, 
in order to prevail on this Defendant to come into such Agree- 
ment. 

Denies that he either knows, remembers or believes, that he 
this Defendant, in order thereto, or to bring about the last men- 
tioned Treaty, did apply by himself in Person to the Plaintiffs 
Sollicitor, or to the Plaintiffs, or either of them, or any other 
Agent of theirs, or Persons concerned for them, and press and 
desire to have a Meeting between the Plaintiffs and this Defend- 
ant in order to settle and agree the Matters in Difference between 
them, in the manner as by the Bill is untruly suggested ; but, 
on the contrary, the Plaintiffs pressed and desired this De- 
fendant to have a Meeting for that purpose, and to treat with 
them about the same. 

Denies that he did, then, or at any other time, declare that 
if the Plaintiffs would not agree thereto he would set up his 
former Pretence to the said three Lower Counties, as pretended 
by the Plaintiffs said Bill, in order to induce or bring the 
Plaintiffs to a Compliance with any such pretended Proposal 
or Accommodation, as is most untruly suggested in and by the 
Bill. 

Neither did this Defendant, by his entering into the said last 
mentioned Treaty, intend, or design, to make, or so much as 
conceive, or imagine that he should or could make, to himself, 
any great or undue Advantage thereby against the Plaintiffs 
by means of their pretended Ignorance of the Premisses, as is 
most untruly insinuated in and by the Bill. 

Neither did this Defendant, then, know or believe, nor doth 
he now know or believe, that the Plaintiffs, at the time of the 
said Treaties beine' set on foot, were wholly or utterly unac- 
quainted with, or Strangers to, the said old Disputes in 1683,1684, 
1685, and 1709, as by the Bill is alledged, or that the Plaintiffs, 
or either of them, were at all, or in any manner whatsoever, 
Strangers to, or unacquainted therewith ; but, on the contrary, 
this Defendant verily believes the Plaintiffs were then thor. 
oughly, and in every respect, as well acquainted with all and 



122 PENNSYLVANIA AND MARYLAND 

every the said former Proceedings and Disputes touching the 
Matters aforesaid, in the said several Years of 1683, 1684, 1685, 
and 1709, as they now are. 

Neither did this Defendant treat with them, or enter into 
the said last mentioned Treaty, with any View or Design, or 
even so much as an Imagination, that he could or should im- 
pose upon the Plaintiffs, or either of them, or take, or have 
any Advantage of them, upon any of the Accounts in the 
Bill contained, or any other Account whatsoever. 

Nor doth he now know or believe that the Plaintiffs, or either 
of them, were under any of the pretended Disadvantages in the 
Bill mentioned at the time of such last mention'd Treaty, as 
is suggested in and by the Bill. 

On the contrary, this Defendant saith he most assuredly 
believes the Plaintiffs were not only as well, but much better 
apprized, than this Defendant, of all and every the several Orders 
and Proceedings, and others Transactions, that had been before 
had and made touching the Boundaries of the said Provinces, 
and the several and respective Claims that had from time to time 
been made thereto, and that he this Defendant was under much 
greater Disadvantages, and much more liable to be imposed on, 
in such last mentioned Treaty, than the Plaintiffs. 

And verily believes that the Plaintiffs, and their Agents, had 
in View the gaining great Advantages from this Defendant by 
such Treaty, or, otherwise, they would not have so earnestly 
applied to this Defendant, and taken such Pains, and used 
such Endeavours, as they really did, to prevail on this Defend- 
ant to come into such Treaty. 

Saith that, pending such Treaty, and before they came to 
any Conclusion or Agreement thereon, this Defendant gave the 
Plaintiffs John and Thomas, and Mr. Paris their Sollicitor, 
and other their Agents, several Meetings, and at different Places, 
to receive their Proposals, and treat with them concerning the 
same ; but, whether such Meetings were had at the particular and 
respective times in the Bill for that purpose mentioned, this De- 
fendant doth not know, or remember, or can set forth, having 
made no Memorandum, or kept any Account thereof, and there- 
fore, this Defandant cannot set forth, either as to his Know- 
ledge, Remembrance, or Belief, the particular or respective 
Days on which such several Meetings or Treaties were had, 
though this Defendant believes that several Meetings were had 
between the 11th of June 1731 and 10th of May 1732. 

Believes he might, at some or one of the said Meetings, upon 
the sail last mentioned Treaty, produce, out of his Pocket, a 
Map or Plan of Pensilvania, which had been, many Years before, 
transmitted by one of his Agents in Maryland, and had been, 



BOUNDARY QUESTION. 123 

by such Agent, as this Defendant verily believes, received from 
Pensilvania, and, with a Rule and Pencil, draw Lines thereon, 
but, in what particular Parts, this Defendant cloth not remem- 
ber, to denote in what manner he thought the bound Lines 
ought to run. 

But saith that he did not intend, at the time, or by the man. 
ner, of drawing the said Lines, to exclude from t 'in this De- 
fendant, and to include to and for the Plaintiffs, any thing 
but what he then apprehended the Plaintiffs had good Right to 
either in Law or Equity; whereas, this Defendant is since fully 
convinced, the Plaintiffs had no such Right to the said three 
Lower Counties. 

Saith he was guided by the said Map or Plan in such Treaty, 
this Defendant, of his own Knowledge, being then an entire 
Stranger to the said Peninsula, and every Part and Place 
therein, and knowing very little thereof but from Information, 
and the several Representations that were made to him thereof 
by the Plaintiffs and their Agents, a5d from the said Map 
and Plan, which this Defendant saith he hath since found, and 
been convinced, was greatly faulty, incorrect and untrue. 

Which said Map or Plan this Defendant saith was neither 
made by his Order, or Directions, but was made, as he verily 
believes, by the Plaintiffs, or their Ancestors, or their Agents, 
and sent by them to this Defendant's Agents in Maryland, and 
was made use of by this Defendant as the first that came to 
hand, this Defendant not then imagining that there was, or 
could have been, so great a falsity therein as he hath since dis- 
covered there really was. 

And the reason that this Defendant believes, that the said 
Map or Plan was made or framed by the Plaintiffs, or their 
Agents, is, for that, when this Defendant was treating with 
the Plaintiff Penn about the Bounds of the said Province, and 
the manner in which the Limits should be run, and when this 
Defendant produced the said Map or Plan out of his Pocket, 
and drew Lines thereon, as herein before is mentioned, the 
Plaintiff Penn himself, at the same time, produced a little Map 
or Plan, drawn with a Black-Lead Pencil, which was, as this 
Defendant observed and verily believes, in all things, alike to 
that which this Defendant so produced, and which the said 
Penn told this Defendant had been sent over, to him, from Pen- 
silvania, by Logan his Deputy-Governor, in order to treat with 
this Defendant about the Bounds of the said Provinces, and 
which said Plan or Map the said Plaintiff Penn made the same 
use of, by drawing Lines and otherwise, as this Defendant did 
of that he this Defendant produced. 

Saith that, for the reason before mentioned, he cannot set 



124 PENNSYLVANIA AND MARYLAND 

forth or say on what particular Day such Meeting was had, 
when he so produced and mark'd the said Plan or Map as 
before mentioned, nor whether the same was or was not on the 
20th Day of July 1731, as by the Plaintiffs said Bill is alledged ; 
neither doth apprehend it any ways material on what particular 
Day suchPlan or Map was so produced or mark'd by this Defend- 
ant as aforesaid, in regard this Defendant admits it was done at 
some or one of the said Meetings, pending the said last men- 
tioned Treaty, and before they came to any Conclusion or Agree- 
ment thereon. 

Believes he might at the said, or some other of the said, 
Meetings, but at what particular time or times he doth not re- 
member, nor can set forth, otherwise than that it was before 
the said 10th of May 1732, insist that his Northern Bounds for 
Maryland should extend Northwards as far as to within 15 Miles 
South of the City of Philadelphia in Pensilvania, which this De- 
fendant saith he humbly apprehends was, instead of being 
further, not near so far as what the just Bounds of Maryland 
ought to extend, agreeable to the Limits and Bounds de- 
scribed by the said Original Charter of Maryland. 

And denies that he then believed, or knew, or that he now 
believes or knows, or that the same in Fact is true, to the Knowl- 
edge or Belief of this Defendant, that the so extending the 
Northern Bounds of Maryland, to within 15 Miles South of 
Philadelphia, in the manner aforesaid, was much, or at all 
higher, or further, than the Northern Bounds of Maryland 
ought to extend. 

And saith that, for ought he knows to the contrary, the 
Plaintiffs, or their Agents on their behalf, upon this Defendant's 
insisting that his Northern Bounds of Maryland ought to ex- 
tend in the manner before mentioned, might desire that the 
same might not be agreed upon to extend so far Northwards, but 
only to within 20 or at most to within 18 Miles, of the said City 
of Philadelphia, as by the Bill is suggested ; but this Defendant 
doth not particularly remember the same and if the Plaintiffs, 
or their said Agents, did make any such Objection to the Ex- 
tent of the said Northern Bounds of Maryland, as the Plain- 
tiffs set out by their Bill, this Defendant believes he did re- 
fuse to Consent thereto, he then* and still, looking upon, and 
esteeming, the said Northern Bounds of his said Province of 
Maryland, as he then insisted upon them to extend, to be fully 
comprized and included within the Limits and Bounds described 
by the said Original Charter of Maryland, and that all the 
Lands comprized within such Bounds and Limits are properly 
Part of, and of Right appertain to, his this Defendant's said 
Province of Maryland and are not Part of, or belong or apper- 



BOUNDARY QUESTION. 125 

tain to, the said Province of Pensilvania, as by the Bill is sug- 
gested ; nor were the Northern Bounds of the said Province 
of Maryland, as this Defendant is advised and humbly insists, 
confined by his Charter, as the Plaintiffs pretend, to the 39th 
Degree compleat, or to the beginning of the 40th Degree, but on 
the contrary, by the Original Charter do and ought to extend 
to the 40th Degree compleat. 

And is advised and conceives that the Plaintiffs agreeing 1 to 
the Boundaries to be settled, as mentioned in the said Agree- 
ment, cannot be look'd upon as giving them any such Merit 
as they would willingly ascribe to themselves by their Bill, 
or any Merit at all, but, on the contrary, it now plainly ap- 
pears, as this Defendant apprehends and believes, that the 
said Plaintiffs had, by the said Agreement, endeavoured to 
impose upon, and deceive, this Defendant in the settling the 
said Boundaries in manner after mentioned, and by pretending 
to give unto him that which was not theirs to give, and which 
they had no Right or Title to, being comprized within the 
Charter of Maryland, and no ways comprized within the Charter 
of Pensilvania, but which did not then appear to this Defend 
ant, who was, then, not thoroughly acquainted with the Sit- 
uation of the said Country, otherwise than as aforesaid. 

Saith, that whatever Objections may have been made by the 
Plaintiffs to the Proposals, were pretended, and colourable only, 
and made the better to conceal and gloss over their Designs 
upon this Defendant, and founded on an untrue Suggestion 
that the 40th Degree was compleat and ended where this De- 
fendant hath since found and discovered it is not; and were, 
as this Defendant verily believes, only barely mentioned, and 
that not with any Design or View of having any Weight or 
being agreed to by this Defendant, the same, as stated upon 
the face of the Plaintiffs own Bill, being most unreasonable 
and unjust, and what they could never expect this Defendant 
would agree to ; in regard this Defendant most assuredly be- 
lieves they themselves must know, that the utmost of the said 
Northern Limits of the said Province of Maryland, as set out 
by their Bill to have been agreed to by them, are clearly and 
expressly comprized and included within the said original 
Charter of Maryland, and were no Part of the Province of Pen- 
silvania, and were what the Plaintiffs had not the least Shadow 
or Colour of any legal Title to. 

Denies that he either knows, or believes that all, or any Parts, 
of the said Northern Limits of the said Province of Pensilvania, 
as set out by the Plaintiffs said Bill to have been agreed between 
them and this Defendant in the manner therein mentioned, were 
any Part of Pensilvania, or any ways included within the Char- 



126 PENNSYLVANIA AND MARYLAND 

ter of Pensilvania, or could legally pass to the Plaintiffs by their 
Charter, or otherwise; but, on the contrary, were this Defend- 
ant's Right and Property long before such Treaty, or Agree- 
ment with the said Plaintiffs, under, and by virtue, of, the 
said original Charter of Maryland to the said Cecilius in 1632, 
as before is set forth.* 

Saith, he believes the Plaintiffs John and Thomas Penn did, 
at the said last-mentioned Meeting and Treaty, as before set 
forth, produce a Map or Plan, or pretended Map or Plan, of 
the Parts in questiou ; and for ought he knows, or remembers to 
the contrary, they, or one of them, or some one of their Agents 
there, might draw Lines on their said Map or Plan they then 
produced, to denote in what manner the then proposed Bound 
Lines should run, as by the Bill is set forth. 

Believes, that the manner in which it was then proposed the 
said Bound-Lines should run, being, as he has since discovered, 
so greatly for the Advantage and Benefit of the Plaintiffs, and 
so much to the Disadvantage and Injury of the Defendant, 
(and which the Defendant believes the Plaintiffs were then very 
sensible of, they being very well acquainted with the Situation 
of the several Parts of the said Peninsula) and the Defendant 
being not thoroughly — — therewith, and relying solely upon 
the Truth and Exactness of the said Map or Plan, by which he 
was greatly misled and deceived, as herein after is mentioned, 
the Plaintiffs were glad to close with the said Proposals, and to 
comply with the manner in which it was proposed the said 
Bound-Lines should run ; the Plaintiffs, as the Defendant 
verily believes, then well-knowing that the same would ex- 
clude great part of the said three Lower Counties, which were 
included with the Defendants Bounds of Maryland, from being 
part of Maryland, without including any Part, or any Tract 
of Land whatever, that the Plaintiffs had any Right or Pre- 
tensions to ; so that the Agreement, upon that footing, was, in 
effect, a giving up, from the Defendant to the Plaintiffs, of 
great Parts of the said three Lower Counties, which the De- 
fendant insists were his Property, without any the least Con- 
sideration moving from the Plaintiffs to the Defendant, as a 
Satisfaction or Equivalent for the same. 

Denies that the said Treaty was carried on, by the Defendant, 
on his Part, in the over-bearing manner as is untruly sug- 
gested in the Bill, or that this Defendant refused to recede from 
any thing he at first insisted on ; but, on the contrary, the De- 
fendant, pending the said Treaty, was prevailed upon to make 

*The Defendant's Agents had lost themselves, and he swears to the 
Answer they drew, and so here insists upon his Right by his Charter 
to the 43d Degree ; for that's the Northern Limit of Pensilvania. 



BOUNDARY QUESTION 127 

great Concessions to the Plaintiffs, and which the Defendant 
never would have done, if he had had a thorough Knowledge and 
Insight into the true Situation of the several Parts of the said 
Peninsula; and if the said Map or Plan, from which the said 
Agreement was founded, had been a true and exact Map or Plan 
thereof. 

Saith, that the Plaintiffs, and for the Reasons before-mention- 
ed, as the Defendant verily believes, did agree that the said Map 
or Plan, so produced by the Defendant, should be engraved by 
Mr. Senex, in order to be affixed or annexed to, and to explain, 
the Meaning of the Agreement they should come to, as by the 
Bill is suggested; and that the said Mr. Senex, might be pro- 
posed or named by this Defendant, or some other on his behalf, 
and agreed upon as a more proper Person to engrave the said 
Map or Plan than the Person at first proposed and named by 
the Plaintiffs, if any other was named by them, which the 
Defendant doth not remember that there was. 

Believes, that the said Map or Plan was printed, or stamped, 
on the original Agreement afterwards executed on the 10th of 
May 1732. 

Believes there is No material Difference, between the Map or 
Plan so produced by the Defendant, and that printed or stamped 
on the said original Articles of Agreement of 1732. 

Believes he did, at some one of the Meetings pending the said 
Treaty, but whether particularly on the 2d of July 1731, as in 
the Bill, cannot remember or set forth, produce a Paper, con- 
taining Notes of some few things he proposed should be in- 
serted as Part of the said intended Agreement, and that such 
Notes were of the Defendant's own Hand-writing; but absolu- 
tely denies that the same were, or purported to be, compleat 
Notes of everything, or to contain the Substance of all the 
several Matters proposed as Part of the said intended Agree- 
ment; or that he proposed, desired or insisted, or that the 
Plaintiffs agreed, that such Agreement should be drawn upon 
the foot of those Notes only, as is insinuated in the Bill ; but 
the same were only some few Notes concerning the Matters in 
dispute, which this Defendant had committed to Writing as 
they occurred to his Mind, lest they might afterwards escape 
his Memory. 

Believes he read the same to the Plaintiffs, as his own Notes, 
and Part of his own Proposals; but not as entire or compleat 
Notes, or to contain all this Defendant's Proposals. 

Saith, that he cannot now, at this distance of time,upon his 
Memory, or otherwise, not having kept the said Notes by him, 
nor having any Copy thereof, set forth the particular Contents 
thereof, tho' whatever the Contents were, believes the same 



128 PENNSYLVANIA AND MARYLAND 

may be contained in the Agreement that was afterwards exe- 
cuted between the Defendant and the said Plaintiffs. 

Saith, that he cannot set forth a full, true, and exact Copy 
thereof, at full Length, in the very Words, Figures, Letters, 
and Abbreviations thereof, as the Plaintiffs have required him 
to do by their Bill, the same being now lost, mislaid, or de- 
stroyed, as the Defendant believes ; such Notes, after executing 
the said Agreement, being disregarded and looked upon no 
otherwise than as waste Paper. 

Doth not know, or believe, that running a Circle at the dis 
tance of two Miles from Newcastle is, in any sort, contrary or 
repugnant to the Words of the pretended Agreement, which 
describes the Circle to be a Circle of 12 Miles, whose Semi- 
diameter must be 2 Miles, and of consequence its whole Diame- 
ter 4 Miles, which will make a Circle, or what would be com- 
monly called the Periphery of the Circle, 12 Miles or there- 
abouts, as the Plaintiffs alledge by their Bill. 

Believes, the Plaintiffs, or one of them, or some other Person 
on their behalf, did desire the Defendant to deliver to them his 
said last mentioned Note, or Proposal, in order to insert the 
same in the said intended Agreement ; but denies, that he at 
first agreed thereto, and afterwards said he had no Copy thereof, 
and therefore delivered it to his said Sollicitor, in the man- 
ner as by the Plaintiffs Bill is suggested, tho' the Defendant 
believes, that, upon the Plaintiffs desiring to have his said 
Notes, he might and did say, that he had no copy thereof, but 
would deliver the same to his Sollicitor, in order to give the 
Plaintiffs a Copy thereof : And that he the Defendant did then, 
accordingly, deliver the same over to his said Sollicitor, for 
the purpose before-mentioned ; and that He might make and 
give the Plaintiffs a Copy thereof, in order that the same might 
be inserted, and made part of the said intended Agreement ; 
and that he the Defendant, did consent and direct his said 
Sollicitor, to give to the Plaintiffs a Copy thereof. 

Hath heard, and been informed by his said Sollicitor, and 
therefore believes it to be true, that he did, in some few Days 
afterwards, give the Plaintiffs, or their Agent, a Copy of the 
Defendant's said Notes, as in the Bill; but denies, that he 
either knows, believes, or hath ever heard or been informed, by 
his said Sollicitor, or otherwise, that the Copy, so delivered by 
the Defendant's said Sollicitor, to the said Plaintiffs or their 
Agents, was very much, or at all, abbreviated from the orignal 
Notes so produced by this Defendant at the said Meeting 1 , as 
aforesaid ; but, on the contrary, the Defendant hath been in- 
formed, by his said Sollicitor, and therefore believes, that the 
same was a true Copy thereof, and no ways altered or ub- 



BOUNDARY QUESTION. 129 

breviated from what it was when the Defendant so produced 
the same, as aforesaid. 

Saith, that he cannot answer, or set forth, whether the mate- 
rial Parts of the said Copy of such Notes, so delivered by the 
Defendant's said Sollicitor to the Plaintiffs or their said Agent 
as aforesaid, are, or are not, in the Words, or to the Effect, 
in the Bill, he having never seen such Copies, or known any 
thing thereof, save from the Information of his said Sollicitor, 
and therefore begs leave to refer, for certainty, to the said Copy, 
when produced by the Plaintiffs. 

Neither can the Defendant answer, or set forth, for the 
Reasons before-mentioned, at this distance of time, whether 
the material Parts of such Notes, so produced by the Defend- 
ant as aforesaid, were, or were not, in the Words, or to the 
Effect, in the Plaintiffs said Bill suggested, tbe Defendant not 
having the same in his Custody or Power, as before is mentioned. 

Nor can the Defendant, now, set forth where the said origi- 
nal Note, ur Proposal, now is, and therefore the Defendant 
cannot undertake to produce the same at the Hearing of this 
Cause, as the Plaintiffs pray by their Bill, which, otherwise, 
he would readily have done. 

But saith, that, if he should hereafter find the said Notes, 
he will be ready to produce the same at the Hearing of this 
Cause. 

Saith, he hath been informed by his said Sollicitor, and believes 
it to be true, that the Plaintiffs Sollicitor did, some time after 
such Treaty as aforesaid, and for ought the Defendant knows 
to the contrary, it might be on the 16th of August 1731, as in 
the Bill is set forth, deliver over to Mr. Sharpe, the Defend- 
ant's Sollicitor, a Draught of the intended Articles of Agree- 
ment, between the Defendant and the Plaintiffs, which had 
been prepared by the Plaintiffs Agents and Sollicitor, in order 
to be considered and settled by the Defendant. 

Hath heard, and believes it to be true, that the said intended 
Articles of Agreement might lay before the Defendant, and his 
Agents, for his and their Perusal, from the time they were so de- 
livered out by the Plaintiffs said Sollicitor, to about the be- 
ginning of May following; but the more exact time they so 
lay before this Defendant, as aforesaid, the Defendant cannot 
set forth. 

Admits, that he was assisted, in the settling the said in- 
tended Articles of Agreement, by Mr. Wynne his Council, and 
Mr. Sharpe his Sollicitor, as in the Bill is alledged ; but 
denies, that he was assisted therein by Mr. Senex or that Mr. 
Senex perused the same, otherwise than in regard to the Pro- 
9— Vol. XV. 



130 PENNSYLVANIA AND MARYLAND 

priety of some of the Terms and Expressions made use of in the 
said Agreement ; nor was this Defendant so much as once with 
the said Mr. Senex thereon, nor his Sollicitor, but once, as the 
Defendant is informed and believes, tho' the Defendant is in- 
formed he was often applied to by the Plaintiffs Agent as his 
Mathematician. 

But believes the said Mr. Senex was no otherwise concerned, 
than being consulted in relation to the Propriety of some of 
the Terms used in the said Agreement, and in engraving the 
Plate annexed to the said Articles ; in doing of which the De- 
fendant believes, he acted a very indifferent Part, and was looked 
upon to be, and was, as the Defendant verily believes, as much 
in the Service and Interest of the Plaintiffs, as of the Defendant. 

Neither was the Defendant assisted, in the perusing and sett- 
ling the said intended Articles of Agreement, by his Lieuten- 
ant-Deputy-Governor of Maryland, Mr. Ogle, as the Plaintiffs 
alledge by their Bill ; nor was the Defendant helped or assisted 
therein by any other Persons than as before mentioned. 

Saith, that, whilst the said Draught of the intended Articles of 
Agreement, lay before the Defendant for his Perusal an 3 Con- 
sideration, as aforesaid, several Alterations were made therein 
by the Plaintiffs and their Agents, as well as by the Defendant 
and his Agents; and particularly that the Clause mentioned by 
the Plaintiffs Bill to have been inserted in the said Articles, 
pending the time the said Draught lay before the Defendant for 
his Consideration's aforesaid, whereby it was provided, that in 
case a sufficient Quorum of the Commissioners to be named on 
either side, should not, from time to time, according to the 
Appointments and Adjournments to be made for that purpose, 
attend to proceed in the marking and running out the Lines and 
Bounds aforesaid (for want thereof same could not be done with- 
in the time limited) then the said Agreement should be void ; 
and. in such case, the Party or Parties whose Commissioners 
should make such Default should forfeit and pay unto the other 
Party or Parties, whose Commissioners should attend, upon 
Demand, the Sum of 50001. of lawful Money of Great Britain, as 
in the Bill is set forth, was looked upon as much for the Benefit 
and Advantage of the Plaintiffs, as of the Defendant ; nor can 
the Defendant certainly say, whether the same was first pro- 
posed by the Defendant or his Agents, or by the Plaintiffs, or 
some of their Agents, but, to the best of the Defendant's 
memory and Belief, it was proposed by the Plaintiffs, or Mr. 
Paris, on their behalf. 

Nor doth this .Defendant believe the Plaintiffs would have 
complied with any Alterations proposed by the Defendant, or 
any of his Agents, if the same had not been apparently for their 



BOUNDARY QUESTION. 131 

own Advantage; and whatever Alterations were made, they 
were such as the Plaintiffs, and their Agents themselves, thought 
as reasonable and necessary, upon their being mentioned and 
proposed, as the Defendant, or his Agents. 

Believes it to be true, that the several Alterations in the 
Plaintiffs Bill set forth to have been made in the Draught of 
the said intended Articles of Agreement, after the same had 
been delivered over to the Defendant and his Agents, as afore- 
said, were agreed upon between the Plaintiffs and this Defend- 
ant, and made part of the Agreement that was afterwards ex- 
ecuted. 

Defendant doth not recollect any other Alterations that were 
made therein, while the said Draught laid before the Defend- 
ant and his Agents, than as in the said Bill are set forth. 

Saith all the Alterations that were proposed to be made by 
the Defendant, or on his Behalf, in the said intended Agree- 
ment, being so very reasonable, were readily complied with, and 
agreed to, by the Plaintiffs and which the Defendant is not at 
all surprized at, since he hath discovered the great Advantage 
they had a design and view of gaining over the Defendant by 
the said Agreement, and the great Disadvantage that was likely 
to accrue therefrom to the Defendant, thro' the Error and 
Misrepresentation that was inserted in the said Map or Plan, 
upon the foot of which the said Agreement was founded ; and 
which the Plaintiffs, as the Defendant believes, knowingly and 
designedly, took advantage of, from the Defendant's Ignor- 
ance and Want of Knowledge of the several Places mentioned, 
in the said Map or Plan, and of the due and proper Situation 
and Distances thereof, without discovering the same to the De- 
fendant. 

For the Defendants saith, that, in the said Map or Plan, which 
was so made use of as a Gfuide to the Parties in making the 
said Agreement, there is a Place described and said to be Cape 
Hinlopen, in which Place there is no such Cape: and that the 
Place described or said by the said Map to be Cape Cornelius, 
is the true Cape Hinlopen, originally so called by the Dutch, 
and so described in their Maps ; the Signification of which Word 
Hinlopen, in the Dutch Language, is, going in, from the Dutch 
Word Hinlopen and the same, in the Plaintiffs pretended Deeds 
of Feoffment, is called Cape Hinlopen, alias, the Whore-Kilns, 
which formerly were there, or thereabouts, and are so described 
in the said pretended Agreement ; which was a great Imposition 
upon the Defendant and his Agents, and grsatly misled them 
therein, in regard the due East and West Line that was agreed 
upon to be drawn a,-cross the Peninsula, was to begin, on the 
East Part of the Place, in the said Plan, or Map, called Cape 



132 PENNSYLVANIA AND MARYLAND 

Hinlopen, but ought to have oeen from that Place only which 
in the said Map is called Cape Cornelius. 

Believes, that the said Draught of the said Articles of Agree- 
ment, was afterwards, about the Month of May 1732, as in the 
Bill, delivered over by the Defendant's Sollicitor, to the Plain- 
tiffs, in order to be prepared and made ready for Execution, 
and to be engrossed in the manner the Defendant and the Plain- 
tiffs, and their several Agents, had agreed upon, as before set 
forth ; and that six Parts thereof, were accordingly, soon after- 
wards engrossed, and duly executed by the Defendant and the 
Plaintiffs Thomas and Richard Penn, on the 10th of May 1732, 
in the manner as set forth in the Bill. 

And believes, that the said Articles of Agreement, so exe- 
cuted as aforesaid, bore Date, and contained such Recitals and 
particular Covenants, and were of such Purport and Effect, as 
in the Bill are particularly mentioned and set forth; but, for 
bis greater Certainty, as to the Substance and Contents of the 
said original Articles, begs leave to refer thereto, when pro- 
duced. 

Hath heard, and believes it to be true, that, during the time 
the said Draught of the said Agreement was so under Consid- 
eration, as aforesaid, and before the same was executed, the 
said Map or Plan was carried to the said Senex to be engraved, 
and was engraved by him, and that the Plaintiffs and the De- 
fendant jointly paid the said Mr. Senex for the same, as in the 
Bill is mentioned; and that the said Mr. Senex was desired, 
and did give his Opinion, in Writing, upon the Propriety and 
Fitness of the Terms and Expressions made use of in the said 
Draught of the said Agreement ; but denies, that the same was 
so done by the said Mr. Senex at the Desire and Request of the 
Defendant only, but as well as at the Desire and Request of the 
Plaintiffs and their Agents, as of the Defendant. 

Saith, that the said Senex was then, and still is, an entire 
Stranger to the Defendant, in so much that the Defend- 
ant doth not believe he should know him if he was to see 
him; and he was named only upon that occasion as the most 
known and properest Person for that purpose, and not as any 
Acquaintance, Friend, or Servant of the Defendant's. 

Believes, that, soon after the Execution of the said Agree- 
ment, and as the Defendant believes, on the 12th Day of May 
1732, the Plaintiffs and the Defendant did, severally and re- 
spectively, execute such several Commissions, as in the Bill are 
for that purpose mentioned, authorizing Commissioners therein 
named, or any six, five, four, or three of them, to mark, run, 
and lay out the Bounds so agreed upon. 

Doth not certainly know, nor can set forth, whether the said 



BOUNDARY QUESTION. 133 

several Commissions (that is to say) that executed by the De- 
fendant, and that so executed by the Plaintiffs, were or were not 
exactly alike, and agreeable each to the other, in Form and Sub- 
stance, tho' he hath been informed and believes, they were alike 
and agreeable, each to the other, only changing the Name and 
Additions of the Persons who granted the Powers and Authori- 
ties thereby given, and to whom the Powers and Authorities 
were granted, as in the said Bill are mentioned. 

But, for his greater Certainty therein, and as to the Substance 
and Contents of the said several Commissions, craves leave to 
refer to the same when produced. 

Hath hard, and believes it to be true, that, some short time 
after the Execution of the said Articles of Agreement, and re- 
spective Commissions, and, for ought he knows to the contrary, 
on the 20th Day of May 1733, as in the Bill, the Plaintiff Thomas 
Penn left this Kingdom and embarked for Pensilvania, where, 
he soon afterwards, as the Defendant hath likewise heard and 
believes, arrived, and has continued there, to this time. 

Believes, and hath heard that the said Thomas Penn carried 
over with him thither the said Commission, executed on the 
Plaintiffs Part, and also one Part of the said original Articles 
of Agreement, executed as aforesaid. 

And the Defendant, by the same Ship in which the said 
Thomas Penn went, sent over to his Deputy-Governor at Mary- 
land the said Commission, executed on the Defendant's Part, 
and also, one Part of the said original Articles of Agreement, 
executed as aforesaid, and, some short time after, sailed him- 
self to, and arrived at, his said Province of Maryland, as in 
the Bill is mentioned. 

Denies, that he endeavoured, or contrived, to take to himself 
on his own Part all, or any, the Benefit which under the said 
Articles might possibly result to him, and, at the same time, 
to deprive the Plaintiffs of all or any manner of Benefit which 
under the said Articles could possibly result to them, as by the 
Bill is most untruly alledged. 

Neither hath the Defendant, nor all, or any one, of his said 
four Commissioners, by his Direction, Advice, Consent, Privity, 
or Knowledge used all imaginable, or any, Arts and Methods, 
to frustrate and evade the »aid Articles of Agreement, or to 
prevent the making out the Lines and Bounds pursuant to the 
same and the true meaning thereof, for the Reasons, or in the 
manner, as is pretended by the Bill. 

Denies that he either knows, or ever heard, save from the 
Plaintiffs or their Agents, nor doth believe, that all of his said 
Commissioners, or any of them, or their near Relations, as the 
Plaintiffs charge by their said Bill, were possessed of Grants from 



134 PENNSYLVANIA AND MARYLAND 

the Defendant or his Officers under his Authority for large Tracts 
of Land in general, without any Specification of the Place or 
Places where such Tracts should be situated or taken up, which 
Grants had not been located or seated, or that they, any, or 
either of them, were in hopes to have laid out such their Grants 
upon some improved or good Lands within the said Province 
of Pensilvania and the said three Lower Counties, any, or either 
of them, but were prevented by the Tenor of the said Articles 
of Agreement, as in and by the said Bill is alledged. 

Denies, that he was any ways prevailed upon or induced to 
fly from his said Agreement, by the Advice, Persuasion, En- 
treaty or Desire of the Defendant's said Commissioners, any, 
or either of them, or any other Persons pretended to be pos- 
sessed of like Grants, as pretended by the Bill, from the De- 
fendant, or his Officers, of great, or any, Quantities of Land in 
no certain or particular Place as by the Bill is suggested. 

Denies, that his said Commissioners, any, or either of them, 
ever writ, spoke, declared or mentioned to the Defendant, or to 
any of the Defendant's Officers, Agents or Servants who ac- 
quainted the Defendant thereof, that, in Case the Defendant 
would not perform, but would break, that Agreement, they 
themselves would raise and pay the 50001. Forfeit, or the 
greatest, or some, or any Part thereof, or to any such or the 
like Effect. 

Denies, that he ever heard, save by the Bill, or that he be- 
lieves, his said Commissioners, any, or either of them, ever de- 
clared or gave out that they could not, if the Bound Lines 
should be run as by the said Agreement was agreed, settle and 
locate their large Grants upon such valuable Lands as they 
hoped to have done by Encroachment, in case no Bounds had 
been agreed upon, or to any such or the like Effect, as by the 
Bill is suggested. 

Denies, that he, in order to oblige such his Grantees, as by 
the Bill is alledged, or for any other Purpose to the Preju- 
dice of the Plaintiffs, writ, spoke to, advised or consulted 
with many, or any, Persons in Maryland, or else-where, how, 
or in what manner, or by what means, to avoid the running 
and marking out the Lines in the manner and within the time 
agreed on, and yet, at the same time, to avoid incurring and 
paying the said 50001. Forfeiture in the said Articles provided, 
in any such Manner as set out and pretended in and by 
the Bill, nor was any such Means or Method found out, 
or agreed upon, for that Purpose as is suggested by the 
Bill, nor was any such pretended Method or Resolution ad- 
hered to by the Defendant and his said Commissioners, or any, 
or either of them, or any others, as is pretended by the Bill, 



BOUNDARY QUESTION. 135 

to prevent the said Agreement being carried into Execution, 
nor any such previous Measures concerted for that purpose in 
the manner as by the Bill is alledged. 

Has heard, and believes it to be true, that it is, to this Time, 
and has long been, the usual, common and constant Method 
in the said Province of Maryland, as it has been in other Pro- 
vinces as he is informed and believes, to issue out Warrants 
to Persons, of a certain Number of Acres of Land, uncultivated 
and not taken up, within the said Province of Maryland at 
Large, without specifying in what particular Spot, Parish, Pre- 
cinct, Division or County, the same do or shall lie or be situated, 
and to leave such Grantees at liberty to find out, and set down 
upon, and appropriate to themselves, under such Maryland 
Grants at large, so many Acres as therein specified, in such 
Places within the said Province of Maryland, not before taken 
up and appropriated, as they like best,' as in the Bill is alledged. 

Likewise believes, that many of such Maryland Warrants may 
be, now, extant, for large Quantities of Land at large, within 
the said Province of Maryland, which have not been yet seated 
upon or appropriated. 

Saith he believes most, if not all, of said Warrants that have 
been issued, and under which no Lands have been taken up or ap- 
propriated, are now of no manner of Force, nor can any Lands 
be now, as the Defendant believes, taken up or appropriated 
under such Warrant, for that, for these fifteen Years past 
or upwards, it hath been the usual Custom and Practice of the 
Defendant, and of his Deputies and Officers in his said Province 
of Maryland, to annihilate and make void all Warrants forLands, 
where Lands are not taken up under the same within a limited 
Time, and Proclamations have, from Time to Time, been issued 
from the Land-Office in Maryand, declaring all such Warrants 
void under which the Lands were not taken up within the 
Time limited in such Proclamation for that purpose, and, after 
the Expiration of Time limited by such Proclamations, the 
said Warrants under which Lands were not taken up as afore- 
said, were not allowed to take place. 

And the Reason for the Defendant and his said Officers not 
suffering such Warrants to stand out and be unappropriated 
is, for that it hath been, and still is, the usual Method and 
Practice for the Persons entitled to such Warrants, upon their 
locating and taking up Lands under the same to have a Grant 
issue to them of such Lands, and thereupon to pay a Fine or 
Sum of Money to the Defendant as Lord Proprietor. 

Saith that, for ought he knows to the contrary it may be 
true, tho' he never heard it any otherwise than from the Plain- 
tiffs, and therefore hath no Reason to believe, nor doth he be- 



136 PENNSYLVANIA AND MARYLAND 

lieve, that several of such unappropriated Maryland Warrants 
or Grants at large are now in the Hands of any of the Gentle- 
men who were the Defendant's Commissioners for executing 
the said Agreement of 1732.. and several other considerable Men 
in the said Province of Maryland, as by the Bill is alledged, 
neither doth the Defendant know, nor can set forth, nor can 
form any Belief, what particular Grants, or of what particular 
Quantity of Land, or Number of Acres, within Maryland, if any 
such there are, are in the Hands or Possession of his said Com- 
missioners respectively, or either of them, or of any Person in 
Maryland, in regard such Grants, when made, are assignable 
from one to another, and, therefore, it is impossible the De- 
fendant should know, or can set forth . the particular Properties 
in such Grants; but denies that he either knows, or believes, 
or has been any ways informed, by any of such Maryland 
Grantees, or others, that such Maryland Grantees, or any, or 
either of them, did design or intend, by virtue of such pre- 
tended Maryland Grants, to set down upon and appropriate 
Lands which would, or which they apprehended would, by the 
Agreement in 1732 fall within the Plaintiffs pretended Bounds. 

Neither doth this Defendant know or believe, or has ever 
been informed, that any Disappointment, or expected Disap- 
pointment, in appropriating such Lands, was any Motive or 
Inducement to any of his said Commissioners to the not corn- 
pleating and executing the said Agreement of 1732, as in the 
Bill is suggested; but the Reason of the said Agreement not 
being carried compleatly into Execution by the said Commis- 
sioners, so far as related to them, was, as the Defendant hath 
heard and verily believes, entirely owing to the Conduct of 
the Plaintiffs Commissioners, and to the Difference in Opinion, 
that had happened between them and the Defendant's Com- 
missioners, with respect to the Method of running the Circle 
round Newcastle, and the Dimensions of such Circle, as herein 
afterwards is mentioned. 

Hath heard, and believes it to be true, that the Meetings 
between the Plaintiffs Commissioners and the Defendant's said 
Commissioners, for running the Lines pursuant to the said 
Agreement, were begun at Newtown, in Maryland, on the 6th Day 
of October 1732, and were continued to the 24th of November 
1733. at the several Times and Places in the Bill for that pur- 
pose set forth and mentioned, and, for ought the Defendant 
knows to the contrary, and as the Defendant believes, such 
Meetings were continued, adjourned, and held again, at the 
several Times and Places in the Bill for that purpose men- 
tioned, but the Defendant, not being present at any of the said 
Meetings himself, cannot certainly set forth the several and 



BOUNDARY QUESTION. 137 

particular Times and Places of the Meetings of the said Com- 
missioners of his own Knowledge, or in any other Manner than 
as he has herein before set forth the same. 

Denies that he either knows, or believes, or hath ever been in- 
formed, that all and every the Matters and Things in the Bill 
set forth, and mentioned to have been transacted and passed 
by and between the said Commissioners on both Sides, at their 
several Meetings as aforesaid, or any of them, were so trans- 
acted and passed by and between the Defendant's said Com- 
missioners, or any or either of them, in the Manner, or with 
the Views or Designs, as represented and alledged in and by 
the Bill, or with any other fraudulent Views or Intent or De- 
signs whatever, nor can the Defendant, either to his Know- 
ledge, Information or Belief, set forth the several Matters that 
passed between his said Commissioners and the Plaintiffs at 
their several Meetings aforesaid, in any other Manner than as 
he hath herein after set forth the same, the Defendant not 
being present at such Meetings, nor knowing anything thereof, 
otherwise than from what he hath heard and been informed 
from his said Commissioners. 

Saith that the Account he hath received from his said Com- 
missioners, of the several Matters and Transactions that were 
had between them and the Plaintiffs said Commissioners at 
their several Meetings aforesaid, is as follows, that is to say. 

The Defendant hath been informed, by his said Commis- 
sioners, and which Information the Defendant believes to be 
true, that on the 6th and 7th Days of October 1732 a Quorum 
of the Commissioners on each Side appointed for running the 
Bounds pursuant to the said Agreement, met, and adjourned 
to Newcastle Town, in Delaware, on 30th of same October. 

At which Time and Place the Defendant hath been, in like 
manner, informed, and believes, a Quorum of the Commission- 
ers met, on each Side, and the Defendant's Commissioners in- 
sisting to have the Charter of Pensilvania, and the Deed of 
Feoffment for Newcastle produced, the second Article of the 
Agreement, directing the Commissioners to run out the Circle 
mentioned in the said Charter and Deed of Feoffment at 12 
Miles Distance from Newcastle, the Plaintiffs Commissioners 
produced Copies or Exemplifications thereof, and a Dispute aris. 
ing where they should fix the Centre of the Circle? the said 
Commissioners adjourned to the 1st of February then next. 

And the Defendant hath been, in like manner, informed and 
believes, that on the 1st Day of February the said Commission 
ers met according to their last Adjournment, and adjourned 
to the next Day, and that on the next Day being the 2d of 
February, the said Commissioners met again on both Sides, 



138 PENNSYLVANIA AND MARYLAND 

when a Dispute arising concerning the Dimensions of the 
Circle intended to be run about Newcastle, they adjourned to 
five in the Afternoon, at which time, at the Request and De- 
ire of the Defendant's Commissioners, in order to prevent 
any further Doubts or Disputes, and that they might agree in 
Opinion touching the Dimensions of the said intended Circle, 
the Plaintiffs Commissioners were prevailed upon to agree to 
consult and hear Mathematicians on each Side. 

And the Defendant hath, in like manner, been informed and 
believes, that the Commissioners accordingly met again in the 
Afternoon of the 2d of February, according to their said last- 
mentioned Adjournment, but the Plaintiffs Commissioners ac- 
quainting the Defendant's Commissioners that their principal 
Mathematician was so ill of the Gout that he could not attend, 
and desiring the Matter in dispute, and Question thereon, might 
be reduced into Writing, and that, if their said Mathematician 
could not attend the next Day, they would produce his Answer 
in Writing, the Defendant's Commissioners, to prevent any 
Delay or Loss of Time, offered to go themselves to the Plain- 
tiffs said Mathematician, and to carry their Mathematicians 
with them, but which the Plaintiffs Commissioners, as the 
Defendant hath been informed and believes, would not comply 
with and refused, upon which the Defendant's said Commis- 
sioners reduced the Matter and Dispute in question into Writ- 
ing, and the same was delivered to the Plaintiffs Commissioners 
and then, the Commissioners on each Side agreed to adjourn 
till next Morning at ten at the same Place. 

According to which last Adjournment the Defendant hath 
likewise been informed and believes, the Defendant's Commis- 
sioners attended, being on the 3d of February following, and 
none of the Plaintiffs Commissioners attending, the Defendant's 
Commissioners, after having stayed a long time, ordered the Offi- 
cer of the Court-house to go and acquaint the Plaintiffs Commis- 
sioners that they the Defendant's saidCommissioners were there, 
and ready to go on Business, and to desire the Plaintiffs Com- 
missioners to come immediately and join with them, it being 
long after the Hour appointed. 

Some time after which, as the Defendant hath been informed 
and believes, two of the Plaintiffs Commissioners came, and, 
some time afterwards, a third of the Plaintiffs said Commis- 
sioners came, upon which the Defendant's Commissioners, after 
taking notice of their Delay and of the Time they had stayed, 
desired, as there was then a Quorum ou each Side, they might 
then proceed to Business without further Delay, and, as a 
Reason and Inducement for the Plaintiffs Commissioners to 
comply therewith, the Defendant's said Commissioners ac- 



BOUNDARY QUESTION. 139 

quainted them, as the Truth really was as the Defendant hath 
heard and believes, that the Defendant's said Mathematicians 
were obliged to return to Maryland that Day, and the Defend- 
ant's Commissioners then produced and read the Answer of 
their Mathematicians, in Writing, to the Matter in Dispute and 
Question thereon as settled and reduced into Writing at their 
last Meeting, whereupon, and immediately after reading there- 
of, as the Defendant hath been informed and believes, one of 
the Plaintiffs Commissioners withdrew himself, by reason 
whereof there was not a sufficient Quorum of the Plaintiffs 
Commissioners left to proceed on Business ; upon which the De- 
fendant's Commissioners, after staying a considerable time in 
hopes either that the Commissioner of the Plaintiffs would 
return who had withdrawn himself, or that some other would 
have come, there being then, as the Defendant hath been in- 
formed and believes, five of the Plaintiffs Commissioners there 
then in that Town, but none of them coming, as the Defendant's 
said Commissioners were in Hopes and Expectation they would 
have done, the Defendant's Commissioners took notice thereof 
to the Plaintiffs Commissioners then present, and observed that 
it seemed very strange and surprizing to them that they did not 
meet to proceed according to the said Adjournment, and that, 
if they delayed in coming any longer, the Defendant's said Com- 
missioners would think themselves obliged to quit the Place 
and protest against their Non-attendance; upon which the 
Plaintiffs Commissioners said Mr. Hamilton, one of their Com- 
missioners was ill of the Gout, and not able to attend ; where- 
upon the Defendant's Commissioners agreed to go to Mr. Hamil- 
ton, if the Plaintiffs Commissioners desired it, but which as 
the Defendant hath been informed and believes, the Plaintiffs 
Commissioners did not agree to do; and the Defendant's Com- 
missioners having waited some time longer with their Mathe- 
maticians, and none of the Plaintiffs Commissioners coming, 
or sending any Message, the Defendant's Commissioners again 
repeated to the said two of the Plaintiffs Commissioners then 
present, the Necessity they the Defendant's said Commission- 
ers should be under of leaving the Place, and protesting against 
the Plaintiffs Commissioners for Non-attendance, if a sufficient 
Number did not, in a short time, come. 

And the Defendant's said Commissioners having stayed some 
time longer, to no manner of purpose, and it being then 35 Min- 
utes after 12 o' Clock, and consequently the Appointment for 
that Morning at an end, and the Defendant's said Commission- 
ers having heard that one of the Plaintiffs Commissioners had 
at the last Meeting declared the Affair to be transacted by them 
would not end there, but must be carried to England, from 



140 PENNSYLVANIA AND MARYLAND 

whence, and from their wilfully neglecting to attend at the said 
Meeting, the Defendant's said Commissioners were fully satisfied 
and convinced, as they have since informed the Defendant, that 
the Plaintiffs Commissioners had nu other Intent than to break 
off any further Proceedings towards executing the said Agree- 
ment, and, therefore, the Defendant's said Commissioners, before 
and in the Presence of one of the Plaintiffs said Commissioners 
(one of the two who were before present having, some time be- 
fore, withdrawn himself) protested against the Non-attendance 
of the said Plaintiffs said Commissioners, reserving all Benefit 
and Advantage which did or might accrue to the Defendant by 
reason thereof, and then left the Place and returned to Mary- 
land. 

Admits that he the Defendant was then in Maryland, and 
that, on the Return of his said Commissioners to Maryland, 
and on the 15th of the same February, he the Defendant wrote 
a Letter, to the Governor of Pensilvania and one of the Plain- 
tiffs Commissioners, setting forth the Attendance of the Defend- 
ant's own Commissioners, and the Non-attendance of the Plain- 
tiffs, and that, were he the Defendant inclinable to make a 
strict Use of this voluntary Failure on the Side and Part of the 
Plaintiffs Commissioners, he the Defendant might disregard any 
further Notice or Execution of the said Agreement, and entitle 
himself, immediately, to the Forfeiture thereby mentioned by 
the Plaintiffs, but that, being fortunately in Person there, he 
the Defendant could recede in some measure from the Advantage 
he might claim from the Non-attendance of the Plaintiffs said 
Commissioners, which the Defendant's own Commissioners 
could not have done if the Defendant had not been there present 
himself, and signifiying that the Defendant was willing, and 
did thereby offer, and had given Directions to his own Commis- 
sioners, to meet the Plaintiffs Commissioners on the first Mon- 
day in May then next, at Joppa in Maryland, but with this 
Salvo of all Right, Benefit and Advantage he the Defendant 
might claim from theNon-attendance or Failure of the Plaintiffs 
Commissioners on the 3d of February, as herein before is men- 
tioned and set forth. 

Saith he hath been informed by his said Commissioners, and be- 
lieves it to be true, that after the Defendant had sent such Letter 
to the Governor of Pensilvania and one of the Plaintiffs Com- 
missioners as herein before is mentioned, that is to say, on the 
28th Day of March 1733, the Plaintiffs Commissioners wrote a 
Letter to the Defendant's Commissioners, telling the Defend- 
ant's Commissioners that though they the Plaintiffs Commis- 
sioners did not punctually attend the said 3d of February, ac- 
cording to their Adjournment, that yet, that Afternoon, they 



BOUNDARY QUESTION. 141 

were ready to attend and had given the Defendant'sConimission- 
ers Notice thereof, and also served the Defendant's said Com- 
missioners with a Notice to meet the 5th of that February, but 
that the Defendant's Commissioners had refused to attend, in- 
sisting on the said Failure in the Plaintiffs Commissioners; 
and by such Lettei the Plaintiffs Commissioners gave the De- 
fendant's Commissioners Notice that they would be ready to 
meet at Newcastle, on the 16th Day of April then next; in 
Answer to which Letter of the Plaintiffs said Commissioners, 
the Defendant saith he hath been informed by his said Com- 
missioners, and believes it to be true, that his Commissioners 
sent to the Plaintiffs Commissioners a Notice, in Writing, re- 
citing their former Default, and the Defendant's said former 
Letter offering to renew their Meeting (under a Reservation of 
his Benefit to the Forfeiture) and giving the Plaintiffs Commis- 
sioners Notice that they the Defendant's Commissioners would 
attend and meet them, at Joppa, the first Monday in May, 
agreeable to the Defendant's said Offer to them in his said 
Letter. 

Hath been informed, and believes it to be true, that on the 
said 7th, and also on the 8th and 9th of May 1733, the Commis- 
sioners, on both Sides, accordingly met, at Joppa, when the 
Defendant's Commissioners asked the Plaintiffs Commissioners 
if they had procured the Opinion of any skilful Mathematicians 
on the Question in Dispute between them at their former Meet- 
ing? Upon which the Plaintiffs Commissioners insisted there 
was no manner of Occasion, either to consult with Mathemati- 
cians, or to regard the Charter of Pensilvania, or Deed of Feoff- 
ment of Newcastle, in relation thereto, but only to pursue the 
Directions of the second Article of the Agreement ; but the De. 
fendant's Commissioners then insisted, as they had before at 
their former Meetings, that the said second Article of the Agree- 
ment had plain Reference to the said Charter and Dead of 
Feoffment, and that they must insist on explaining the Nature 
of the Circle to be drawn agreeable to such Reference, and the 
Opinion of their Mathematicians, unless the Plaintiff's Commis. 
sioners would satisfy them of theError of suchOpinion with that 
of other Mathematicians, which the Plaintiffs Commissioners re- 
fused to do, and after a very long Debate, as the Defendant hath 
been informed and believes, it was agreed between the Commis- 
sioners, on both sides, to meet at Mr. Norris's,in Philadelphia, on 
the 21st Day of May; with this Proviso that, if the Defendant's 
Commissioners could not, with Conveniency, return from Bur- 
lington, where they were going, so as to meet on that Day, then 
the Plaintiffs Commissioners agreed, on Notice given them by 
the Defendant's Commissioners of a Day t"> meet, at the same 



142 PENNSYLVANIA AND MARYLAND 

Place, before their return to Maryland, they would meet them, 
at such Time and Place, accordingly, and that if, after such 
Meeting and Stay of the Defendant's Commissioners in Phila- 
delphia with the Plaintiffs Commissioners one Day, they could 
not readily agree upon an Adjournment, that then, the Defend- 
ant's Commissioners should not be longer detained from re- 
turning to their respective Homes, they the Defendant's Com- 
missioners accepting a Notice, in Writing, to be delivered to 
any of one them, to meet the Plaintiffs, at Mr. Paterson's, in 
Newcastle County, the 18th Day of June then next. 

Hath, in like manner, been informed and believes it to be 
true, that the Defendant's Commissioners not returning from 
Burlington so as to meet on the 21st of May, they the Defend- 
ant's Commissioners did, according to their said last mentioned 
Agreement, on the 25th of May send a Notice in Writing, to 
the Plaintiffs Commissioners, to meet them, at Mr. Norris's, 
on the next Day, being the 26th of May, at 10 of the Clock in 
the Forenoon. 

Hath likewise heard, and believes, that, on the said 26th of 
May, the said Commissioners, on both sides, accordingly met, 
and, in regard the Defendant's speedy Departure for England 
rendered it very inconvenient for the Defendant's Commission- 
ers to meet in June, as was before agreed on, and the Heats of 
the Months of June and July being such as would render the 
attending running the Lines very unsafe, the Commissioners, 
on each Side, agreed to meet, at the Town of Newcastle, on the 
3d of September then next, in order to the running, and marking 
out the Lines according to the said Articles of Agreement. 

Hath been informed, and believes it to be true, that, on the 
said 3d of September 1733, the said Commissioners, on both 
Sides, accordingly met, at Newcastle, and continued together 
that Day and also the three next Days following ; all which Days, 
as the Defendant hath been informed and believes, were spent 
in debating what were the Dimensions of the Circle intended 
to be run? the Defendant's Commissioners insisting, agreeable 
to the Opinion of their Mathematicians, that the Circle to be run 
and marked out was the Circle mentioned and described in the 
Deed of Bargain and Feoffment of Newcastle and no other, and 
which they were informed and convinced, (as they have in- 
formed the Defendant and as the Defendant believes) by their 
Mathematician was such a Circle whose Circumference or Peri- 
phery is 12 Miles, and whose Diameter is somewhat less than 
four Miles, whereas the Plaintiffs Commissioners insisted the 
Circle to be run must be a Circle to be drawn at the Distance 
of 12 Miles from Newcastle, and that such a Circle whose Radius 
was 12 Miles was the only Circle they could run, and the Plain- 



BOUNDARY QUESTION. 143 

tiffs Commissioners insisted to reject all Assistance from Mathe- 
maticians, as needless and unnecessary, and the Defendant's 
Commissioners, and the Plaintiffs thus differing, in their Sen- 
timents, about the Dimensions of the Circle directed to be 
run by the second Article of the said Agreement, the Commis- 
sioners, on both Sides, agreed to and did adjourn for further 
Consideration of the Premisses in Question, to the 14th Day 
of the then next November. 

Hath in like manner been informed by his said Commission- 
ers, and believes it to be true, that, on the 14th Day of Novem- 
ber 1733, the said Commissioners, on each Side, met according- 
to their said last Adjournment, and trie same Differances in 
Opinion still containing between them, that and the two next 
Days, and they not being able to agree in the Dimensions of 
the Circle to be ran, the Defendant's said Commissioners, on 
the 16th Day of the same No member, finding that nothing could 
be done, with any effect, with respect to the running the said 
intended Circle, proposed to the Plaintiffs Commisssioners to go 
to Cape Hinlopen, in order to proceed as far as they could 
towards the Execution of the said Agreement, and in running 
the East and West Line directed by the said third Article 
to be run from thence ; but which, the Defendant hath been 
informed by his said Commissioners and believes, the Plaintiffs 
Commissioners refused to agree to, till the running the Circle 
directed by the said Articles of Agreement was first done and 
compleated. 

Hath been informed, and believes, the said Commissioners, 
on each Side, continued sitting till the 24th Day of the same 
November, and neither receding, but each persisting, in their 
Opinions, and the Plaintiffs Commissioners refusing to take 
the Advice and Assistance of the Mathematicians for their 
Guide and better Information as the Defendant's Commission- 
ers frequently offered them and were desirous of doing, the De- 
fendant's Commissioners were oblidgrd, seeing nothing could 
effectually be done, at last to consent Avith the Plaintiffs Com- 
missioners to break up their Meeting without any further Ad- 
journment, and accordingly, as the Defendant hath been in- 
formed and believes, on the said 24th Day of the said November, 
an Instrument was drawn up, which was in the following Words 
(viz.) 

Whereas by Articles of Agreement, made the 10th Day of May 
1732, between the Right Honourable Charles Lord Baltimore, 
Proprietor of the Province of Maryland, on the one Part, and 
the Honourable John Penn, Thomas Penn, and Richard Penn, 
Esqrs. Proprietors of the Province of Pensilvania and Counties 
of Newcastle, Kent and Sussex upon Delaware, on the other 



144 PENNSYLVANIA AND MARYLAND 

Part, it was agreed and concluded that a certain Circle, in 
the said Articles mentioned, or so much thereof as should be 
requisite, and also that a due East and West Line, should be 
drawn, across the Peninsula mentioned in the said Articles or 
so much thereof as should be requisite; such East and West 
Line to begin, at Cape Hinlopen in the said Articles mentioned, 
and that, from the Western Point or End of the said East and 
West Line, which Western Point or End shall be just half-way 
a-cross the said Peninsula, a strait Line shall run Northward 
up the said Peninsula (and above the said Peninsula, if it re- 
quires it) till it shall so touch the Western Part or Periphery 
of the said Circle as to make a Tangent thereto, &c, and divers 
other Lines, in the said Articles also mentioned, should be ruxij 
marked and laid out before the 25th Day of December, in the 
Year 1733, by certain Commissioners, to be respectively ap- 
pointed for the said purpose. And whereas the said Lord Pro- 
prietor of Maryland, on his Part, by his Commission, dated[the 
12th Day of the said Month of May, made in pursuance of the 
said Articles of Agreement, and duly executed, did appoint the 
Honourable Samuel Ogle Esq., Lieutenant-Governor, the Hon- 
ourable Charles Calvert Esq ; Philemon Lloyd, Michael Howard, 
Richard Bennet, Benjamin Tasker, and Matthew Tylghman 
Lloyd Esqs; or any six, five, four or three of them, to be hi 
Commissioners, for the Purposes in the said Articles mentioned. 

And whereas the said Proprietors of Pensilvania and said 
Counties, by their Commission, dated the same 12th Day of 
May, made in pursuance of the said Articles of Agreement, and 
duly executed, did, in like manner, appoint the Honourable 
Patrick Gordon Esq., Governor, Isaac Norris, Samuel Preston, 
James Logan and Andrew Hamilton Esqrs. and James Steele 
and Robert Charles Gent, or any six, five, four or three of them, 
to be their Commissioners, for the Purpose in the said Articles 
mentioned. 

And whereas six of the said Commissioners on the Part of 
Maryland, viz. the Governor of Maryland, Charles Calvert, 
Philemon Lloyd, Michael Howard, Richard Bennet and Mat- 
thew Tylghman Lloyds Eqs. and six on the Part of Pensilvania 
viz. the Governor of Pensilvania. Isaac Norris, Samuel Preston 
and Andrew Hamilton Esqs; and James Steele and Robert 
Charles Gent, did, on the 6th Day of October 1732, meet, at 
Newtown in the County of Kent, in Maryland, and from thence 
adjourned to the 30th Day of the same Month, to meet at New- 
castle, in order then to proceed to mark out the Circle in the 
said Agreement mentioned, and accordingly six of the said Com. 
missioners on the Part of Maryland, and all the Commissioners 
on the Part of Pensilvania, met at Newcastle, on the said 30th 



BOUNDARY QUESTION. 145 

of October, and have there had divers Conferences, for some 
Days, about the Execution of the said Articles adjourned to 
a further Day. 

And whereas, because of the Indisposition of the said Richard 
Bennet, one cf the Commissioners for Maryland, the Lord Pro- 
prietor of the said Province and chief Governor thereof, then 
executing in Person the Powers of Government in Maryland, 
found it necessary to appoint Edmund Jennings Esq; to be one 
of his Commissioners in the Place of the said Richard Bennet, 
for the Purpose in the said Articles mentioned, pursuant to 
Powers reserved to each Governor for such Purposes ; also, by 
reason of the Death of the said Philemon Lloyd Esq ; and of 
the indisposition of said Charles Calvert Esq; the Honour- 
able Samuel Ogle Esq ; Lieutenant-Governor of the said Pro- 
vince of Maryland, after the Departure of the Lord Baltimore 
out of his said Province, in pursuance of the Powers aforesaid 
in the said Articles or Commission made for that Purpose, 
found it necessary to appoint others, and accordingly by his 
Commission, duly executed, dated the , did ap- 

point John Ross Esq; in the Place and Stead of the said Charles 
Calvert, and by his Commission, dated the ,duly 

executed, did, in like manner, appoint James Harris Esq ; in 
the Place and Stead of the said Philemon Lloyd, to be Com- 
missioners for the Purposes aforesaid. 

And whereas, after the aforesaid Meeting at Newcastle, divers 
Appointments and Adjournments having been made, and sundry 
Propositions and Debates, at their several Meetings, past, five 
of the said Commissioners on the Part of Maryland, viz. the 
Honourable Samuel Ogle Esq ; Benjamin Tasker, Edmund 
Jennings Esqs ; John Ross and James Harris Esqs ; and five 
Commissioners on the Part of Pensilvania, viz. Isaac Norris, 
Samuel Preston, James Logan and Andrew Hamilton Esqs; and 
James Steele Gent, pursuant to their last preceding Adjourn- 
ments, met, at the Town of Newcastle, on the 14th Day of 
this Instant November 1733, were, resuming their former 
Debates, and making divers Propositions to each other, on 
both sides, from the said 14th to this 24th Day of the said No- 
vember, each Side continued to persist in their former Opinions, 
that is, the Commissioners on the part of Pensilvania insisted, 
as they always had done, on running and marking out a Circle, 
or so much thereof as should be requisite, at the Distance 
of 12 English Statute Miles from the town of Newcastle, as in 
the second Article of the Agreement is directed, as the only 
Circle they conceived themselves impowered to run; and the 
Commissioners for Maryland, on their Part, insisted, as at 
10— Vol. XV. 



146 PENNSYLVANIA AND MARYLAND 

former Meetings they had done, upon running a Circle, or so 
much thereof as should be requisite, whose Periphery or Cir- 
cumference is 12 Miles, as the only Circle meant in the Deed of 
Bargain and Sale and Deed of Feoffment for Newcastle, and as 
the only Circle, intended by the Proprietors in the said Articles, 
which Circle the Commissioners of Maryland conceived them- 
selves only impowered to run. 

And that, under this Difference of judgment (the Commis- 
sioners of Pensilvania having refused to proceed to Cape Hin- 
lopen, in order to fix the Cape, and run the East and West Line, 
because they say, for the Reasons by them assigned, it could be 
to no manner of purpose) the Commissioners of Maryland were 
of Opinion that no other Consequence can arise than, either, 
the Commissioners should continue at Newcastle until the said 
25th of December next, without running the said Circle about 
Newcastle, or, depart from Newcastle without further Ad- 
journment; and as the last 11 Days, since the 14th of this In- 
stant inclusive, have passed in Debates that have not, in the 
least, tended to any nearer Agreement between the Commis- 
sioners, and the Time, limited for executing the said Articles, 
is now so near expiring that, even, with the utmost Industry 
and Application, it would, scarce, by any means, be found 
practicable to run and mark out and fix all the several Lines 
in the Articles agreed and required to be done. 

Wherefore, upon the whole, the Commissioners, on both 
Sides, under these Circumstances, agree that it cannot Answer 
any of the Purpose intended by the said Articles to continue 
longer together, and, therefore, think it proper to depart 
without further Adjournment, and leave the Conduct of the 
Commissioners, on both Sides and their Endeavours used 
towards the Execution of the aforesaid Articles of Agreement 
to the justice and Wisdom of their Superiors. Samuel Ogle, 

Edmund Jennings, Benjamin Tasker, John Ross.; Isaac 

Norris, James Logan, Samuel Preston, A. Hamilton. 

Done at Newcastle, Nov. 24. Anno Domini 1733. In Presence 
of David French, Jos. Wood, S. Bourn. 

Which Instrument, as the Defendant hath been informed and 
believes, was jointly signed by the Commissioners on both 
Sides, and accordingly, the 25th of December 1733 came without 
any thing first being done towards running the said Line or 
Circles or performing the said Agreement. 

Saith that he cannot, either as to his Knowledge, Information 
or Belief, in any other manner, set forth the several Matters 
and Transactions that passed and were had between his Com- 
missioners and the Plaintiffs Commissioners, than as herein 
before is particularly mentioned and set forth, save and except 



BOUNDARY QUESTION. 147 

that he hath rceeived, from his own Commissioners, several 
Papers, purporting to contain an Account of what passed 
between the Defendant's Commissioners and the Plaintiff's 
Commissioners at several of their said Meetings, being Copies 
as the Defendant is informed and believes, of several Papers 
that were delivered by the said Commissioners on each side 
to each other at several of their Meetings, Copies of all which 
Papers the Defendant, for the Plaintiffs further Satisfaction, 
hath set forth by way of Schedule to this his Answer, and prays 
that the same may be taken as part thereof. 

Saith he arrived in New-England on the 3d Day of September 
173^, from whence he proceeded directly to Maryland, and got 
there on the 14th Day of November following. 

Denies he knows, or believes, or ever heard, that his Com- 
missioners made all or any of the Cavils or Objections in the 
manner as by the Bill is set forth, or that they acted in any 
other manner than as herein before is mentioned, and denies 
that he was knowing of, or privy to, all, or any, pretended De- 
signs of his said Commissioners, or to what they had done, or 
intended to do, till such time as they gave or sent this Defend- 
ant an Account of what had passed at their said Meeting. 

Denies that he previously advised, consented to, directed, ap- 
proved, or was acquanted with, any of his said Commissioners 
Doubts, Scruples, and Objections, made by his said Commission- 
ers at their Meetings as before set forth, or knew any thing, or 
Avas any ways apprized thereof, till after the same had really 
and in fact happened, until he received an Account thereof 
from his said Commissioners, and of what had passed at their 
said Meetings in the manner before set forth. 

Denies that he knows, or in his Conscience believes, or has 
ever been informed, that it was the Intention and Resolution 
of all, or any, or either of his said Commissioners, to defeat 
and prevent the running out the Lines aforesaid, agreed upon 
by the said Articles, in the manner as by the Bill is set forth. 

And denies that his said Commissioners, or any or either of 
them, after the Execution of the said engross'd Articles of the 
10th of May 1732, in any manner endeavoured to persuade the 
Defendant not to compleat and perform the same, or to his 
Knowledge or Belief acted in any other manner than as herein 
before is particularly mentioned and set forth. 

Denies that he was, by any means whatsoever, brought, or 
induced to wish, or desire, or intend, that the said Agreement 
miffht, or should not, be carried into Execution, till such times 
as he was clearly convinced he had been greatly imposed upon 
therein by the Plaintiffs. 

Denies that he ever, until after he had discovered the Impo- 



148 PENNSYLVANIA AND MARYLAND 

sition put upon him, and which he discovered during his so 
being in Maryland, consulted, conversed, or advised with, any 
Person whatsoever, how the Execution of the said Agreement 
of May 1732 might be avoided or evaded, as pretended and set 
forth in and by the Bill ; but after such Imposition discovered, 
and after his Arrival in England from Maryland, he admits he 
took the Opinion of several Counsel thereon. 

Neither knows, not hath heard, of any other Objections or 
Difficulties that were started by his Commissioners, with respect 
to the several Matters under their Consideration, than as herein 
before is set forth; and denies that such Objections were 
made, or insisted on, with or by his Privity or Direction ; nor 
had he any Knowledge or Information thereof, till he received 
an Account thereof from his Commissioners in the manner 
before-mentioned. 

Saith he does approve of the said several Proceedings of his 
said Commissioners, in the manner as herein before set forth; 
the same being consistent with, and agreeable to his own real 
Opinion, and the Justice of the Case, as he verily believes. 

Saith that, from the Information he hath received, and the Re- 
presentation that hath been made to him of his Commissioners 
Behaviour and Proceeding, he in his Conscience believes that his 
said Commissioners acted, in all things, with that Candour, 
Fairness, and Dispatch, which he himself intended and agreed 
they should do at the time when he executed the said Agree- 
ment on the 10th of May 1732. 

Saith that in regard he was over-reached by the Plaintiffs in 
the said Agreement, and greatly deceived and misled therein by 
the Map or Plan upon which the said Agreement was founded, 
he is not desirous that the said Agreement of the 10th of May 
1732 should be executed and fulfilled, but, on the contrary, 
hopes, for the Reasons before-mentioned, the same shall not be 
carried into Execution. And in case this Court should be of 
Opinion, that the said Agreement ought to be carried into Exe- 
cution, in that Case, is advised and insists that the Circle, 
thereby agreed to be run about the Town of Newcastle, ought 
to be a Circle whose Periphery only is 12 Miles, and whose 
Semi-diameter is two Miles ; and not a Circle whose Semi-diame- 
ter is 12 Miles, as the Plaintiffs insist upon. 

Denies that, at any of the several times of his producing and 
reading his said Notes or Proposals, pending the said Treaty 
with the Plaintiffs, and before the said Agreement with them, 
or at the time of executing the said Agreement with them, on 
the 10th of May 1732, he meant, or intended, that the said 
Circle, agreed upon, should be a Circle whose Semi-diameter- 
was to be 12 Miles, as by 7 the Bill is pretended. 



BOUNDARY QUESTION. - 149 

Believes the Commissioners, on each Side, in case no such 
Difference in Judgment had arose between them as is before set 
forth, might, within the Space of four Weeks, at a proper Sea- 
son of the Year, have mark'd and run out the Circle, and Lines, 
mentioned in the said Agreement of the 10th of May 1732. 

Admits he did cause to be presented, to his present Majesty, a 
Petition in his own Name, on the 8th of August 1734, as in the 
Bill, praying a Confirmatory Grant of such Parts of the said 
Peninsula as are contained within the Limits of his said Charter, 
notwithstanding the words Hactenus inculta inserted in the 
recital of the said Charter. 

But denies that he either knows, or believes, that any falsi- 
ties were alledged or set forth in such his Petition to his 
Majesty, or that any Matters or Things that were necessary, on 
his part, to be laid before his Majesty were omitted, as is 
pretended by the Bill. 

Saith that the Reason why he did not mention in his said 
Petition neither the Plaintiffs, nor their Father, nor the said 
Province of Pensilvania, nor the said three Lower Counties 
by Name, nor set forth any thing relating to the said Agree- 
ment of May 1732, was, because, as he was advised, such Mat- 
ters were no ways material or pertinent to be set forth in such 
his Petition to his Majesty as aforesaid. 

And the Reason why he inserted in his said Petition that 
there was such a Report or Order in Council of the 4th of April 
1638, relating to William Clayborne and the Isle of Kent, was, 
because such Order appears entered in the Books as of Record 
at the Board of Trade, and because he, and his Agents con- 
cerned for him, thought it was necessary to be stated in his 
Petition, and pertinent to the Prayer thereof. 

And denies that he either knows, or believes, that any thing 
was purposely omitted, or concealed, in his said Petition, either 
with respect to the Report of the Committee for Trade and 
Foreign Plantations in 1685, as by the Bill is pretended, or in any 
other respect whatsoever. 

Saith that, for ought he knows to the contrary, the Plaintiff 
John Penn might be gone for America, at the Time the Defend- 
ant presented his said last mentioned Petition to his Majesty, 
but the Defendant did not know the same, his going from 
England being in a secret and private Manner; besides, one of 
the Plaintiffs was then, and still is, in England ; but denies 
that he purposed, or expected, any advantage whatsoever to 
himself, by the Absence of the Plaintiffs John and Thomas 
Penn. 

Admits he did present the said last mentioned Petition to his 
Majesty in order to obtain a Confirmatory Grant of the said 



150 PENNSYVLANIA AND MARYLAND 

three Lower Counties for himself, and for his own Use, Benefit 
and Advantage, ana not as a Trustee for the Plaintiffs, the De- 
fendant apprehending the Plaintiffs had no manner of Right 
or Title thereto, and that the same were clearly comprized 
within the Limits of his said Orginal Charter of Maryland. 

Denies that he either knows, or believes, or knew, or did 
believe, at the Time of his presenting his said Petition to his 
Majesty, that his Majesty, upon a fair and full Representation 
of the whole Case, as is pretended by the Bill, would not grant 
it; or that he the Defendant, for that, or any other Reason, con- 
cealed or omitted any Matter or Thing whatsoever in his said 
Petition, or which the Defendant thought necessary or material 
o be set forth. 

Saith the Reason Why he did not take any Notice, in his said 
Petition to his Majesty, of any Improvements pretended by the 
Plaintiffs to have been made in the said Three Lower Counties, 
or the Plaintiffs pretended Possession of them, was, because 
he did not know, nor was privy, nor does he now know, of any 
Improvements that had been made by the Plaintiffs thereon ; 
and for that such a limited Possession as the Plaintiffs have 
had in the said three Lower Counties was, in the Defendant^ 
Apprehension, no manner of Evidence at all of their Right or 
Title thereto, or their Property therein, and therefore the De~ 
fendant did not think it any ways material or nceessary to be 
stated ; nor doth he know or believe that it was any ways neces- 
sary, material or proper, to have stated in his said Petition any 
of the Facts, or Matters, in the Bill, pretended, and untruly al- 
ledged, to have been designedly or otherwise omitted or con- 
cealed therein; nor was the same, to the Knowledge or Belief 
of the Defendant, drawn or framed with any such Design or 
View as is suggested by the Bill; on the contrary saith, he as- 
suredly believes, if his Agents, or the Persons concerned for him 
in solliciting the same, had thought any of the Facts or Matters, 
by the Plaintiffs pretended to have been omitted therein, were 
necessary or proper Facts to have been stated therein, or that 
their not stating the same could with any colour of Reason 
have been imputed as a Design or Intention in them, or in the 
Defendant, of imposing upon their Lordships by that means, 
or misguiding their Lordships Judgment, as the Plaintiffs 
ridiculously insinuate, they would certainly, and of their own 
accord, have stated and represented the same fully to their 
Lordships. 

Denies that he took, or intended to take, any Advantage of 
the Absence of the Plaintiff John Penn, at the Time of his pre. 
senting such his last mentioned Petition to his Majesty ; nor did 
the Defendant, with any such View, or designedly, take that Op- 



BOUNDARY QUESTION. 151 

portunity of presenting it rather than before, as is insinuated by 
the Bill ; but saith he caused the same to be presented as soon as 
possibly he could after his return to England from Maryland, 
without any regard to the Absence or Presence of the said Plain- 
tiff JohnPenn. And saith that the said Plaintiff John Penn's 
Departure was unknown, and unheard of, by the Defendant, till 
long after he was gone ; and the Defendant was so far from being- 
privy or acquainted with his Departure, that the Defendant 
hath been credibly informed it was very sudden and private, 
even in the City of London, where he resided. 

Defendant saith that such his Application to his Majesty, by 
Petition as aforesaid, was far from being unknown, unforeseen, 
or a Surprize upon the Plaintiffs, as by their Bill is suggested, 
for that the Defendant himself personally acquainted Mr. Paris, 
the Plaintiffs Agent and Sollicitor, with his Intention of ap- 
plying to his Majesty, as he afterwards did by his Petition in 
the manner before-mentioned, before the same was presented. 

Saith that the Reason why he apprehends it was necessary and 
material in his said Petition to his Majesty, as herein before is 
mentioned, to set forth and take Notice of the Report or Order 
in Council, of the 4th of April 1638, relating to the Isle of Kent, 
was, for that the said Isle of Kent, which was the Subject-Mat- 
ter and Occasion of that Order, lies on the Western Side of the 
said Peninsula, and is only divided therefrom in one Part, by 
a narrow Run of Water, and in regard that Order directs no 
Grant should be made of any Lands within the Limits of the 
said Maryland Charter, although it was then suggested that 
the Isle of Kent was inhabited, the Defendant was, therefore, 
advised it was pertinent to his said Petition to his Majesty, 
and proper to be inserted therein, which only prayed for a Con- 
firmation, from the Crown, of the Lands within the Limits of 
the said Maryland Charter; their Lordships Opinion appearing, 
upon the Face of the said Order, to have been that the said 
Isle of Kent was comprized within those Limits. 

Saith he did not apprehend, nor was he advised that it was 
any ways necessary, or pertinent to the Subject-Matter or Prayer 
of his said Petition to his Majesty, to set forth, or take any 
notice of, the Plaintiffs pretended Possession of the said three 
Lower Counties, in regard such a Possession as the Plaintiffs 
have had and enjoyed therein would be no manner of Evidence, 
nor is any Evidence, as he humbly insists and is advised, of 
any such Right or Property in the said three Lower Counties 
as the Plaintiffs set up or pretend : Nor could it any ways shew 
that the Plaintiffs had any manner of Right or Title thereto 
whatsoever : Nor have the Plaintiffs, as they state it themselves 
by their Bill, received any Quit-Rents from any of the Inhabi- 



152 PENNSYLVANIA AND MARYLAND 

tants of the said three Lower Counties under such their pre- 
tended Possession; which, as the Defendant is advised and in- 
sists shews that the Inhabitants of the said three Lower Counties 
never looked upon, or acknowledged, the Plaintiffs, as the De- 
fendant humbly conceives and is advised, as their Proprietor, 
nor esteemed the said three Lower Counties, or any Part of 
them, as a Part of, or belonging to, the Plaintiffs said Prov- 
ince of Pensilvania, or to be comprized within the Limits of 
their Pensilvania Charter; but, on the contrary, to be distinct 
therefrom, and to belong to, and be Part of, the Defendants 
said Province of Maryland, or, otherwise, to be the Right of 
the Crown, and no ways to be the Right of, or belong to, the 
Plaintiffs. ' 

Saith he did not, in his said Petition to his Majesty, state 
the Agreement of 1732 between the Defendant and the Plaintiffs ; 
and the Reason he did not was, because, he was advised and 
apprehended, and still humbly apprehends, the same was no 
ways necessary or material to be stated : Tha said Agreement, 
as he is advised and insists, being lapsed in point of Time, and 
void, by a particular Clause in the said Agreement, and not 
being carried into Execution within the Time prescribed by the 
said Articles for that purpose. 

Saith that his said last Petition to his Majesty being, by his 
Majesty's Order in Council of the said 8th of August 1734, re- 
ferred to the Lords Commissioners for Trade and Plantations, 
to consider the same, and to Report their Opinion thereon, the 
same was, afterwards, on the 28th of the same Month, laid be- 
fore that Honourable Board ; and ths said Lords Commissioners 
of Trade and Plantations, on the very next Day, being the 29th 
of the same August, were pleased, as the Defendant hath heard 
and believes, to give Notice of the Defendant's said Petition 
being so laid before them for their Consideration, to Mr. Paris, 
the Plaintiffs Agent and Sollicitor, by a Letter, from then- 
Secretary, of that Date ; and likewise acquainted the said Mr. 
Paris, at the same Time, that they had appointed the 18th of 
the next Month, being September 1734, to take the Defendant's 
said Petition into their Consideration. 

And saith that their Lordships were, afterwards, pleased to 
prolong the Day for taking the Defendant's said Petition into^ 
their Consideration, to the 16th Day of the Month of October 
1734, and of which Mr. Paris the Plaintiffs Agent had due 
Notice. 

And saith that, on the said 16th of October 1734, the Day ap- 
pointed by the Board of Trade for taking his said Petition into 
their Consideration, the said Mr. Paris appeared before the said 
Lords of Trade and Plantations, as Agent for the Plaintiffs 



BOUNDARY QUESTION. 153 

in Opposition to the Defendant's said Petition, and, as the De- 
fendant has heard and believes, prayed further Time of their 
Lordships, alledging that he had not an Opportunity of pre- 
paring his Briefs for Council, or perusing the necessary Papers 
for that purpose; and, at the same Time, acquainted their 
Lordships that lie had, loug before, and immediately upon re- 
ceiving their Lordships Notice by their Secretary, sent the 
Plaintiffs, his Clients, an Account of the Defendant's said Ap- 
plication to his Majesty, and which had been referred to their 
Lordships for their Consideration; but that, as the said Mr. 
Paris was thoroughly acquainted with the whole Affair, he 
should not wait any Answer from Philadelphia, but only de- 
sired a Fortnight's time for the Purpose before-mentioned ; upon 
which their Lordships, in the Presence of the said Mr. Paris, 
and at his Request as aforesaid, were pleased to appoint the 
Monday following, for another Attendance on the said Petition, 
in order only that a Beginning might be made, ana acquainted 
Mr. Paris that they would, then, adjourn to a further Time, to 
hear any Arguments he, or his Council, might offer on the 
Case depending before their Lordships on the Defendant's said 
Petition ; and the said Mr. Paris, upon such last mentioned At- 
tendance before the Lords of Trade on the 16th of October 1734, 
informing their Lordships that he intended to present a Counter 
Petition to his Majesty on Behalf of the Plaintiffs, and in Op- 
postion to the Defendant's said Petition; their Lordships were 
pleased to acquaint Mr. Paris, that their Lordships were ready, 
and would hear any thing he the said Mr. Paris, or his Council, 
thought fit to object or offer, either in Opposition to the De- 
fendant's said Petition then under their Consideration, or in 
Support of the Plaintiffs Title to the said three Lower Counties ; 
to which Mr. Paris then replied, that, as he knew that to be the 
Sense of the Board, he would desist from presenting any such 
Counter Petition to his Majesty as he had before purposed to 
do, and promised to take notice of their Lordships further Ap- 
pointment for the Monday following. 

And accordingly the Defendant sa'.th, on the said Monday 
following, being the 21st of the same October, the said Mr. Paris 
attended the said Board with Counsel, and the Plaintiff Richard 
Penn was present, likewise, and prayed further time of their 
Lordships to be heard till the 20th of December following, 
when,' they assured their Lordships, they would then, certainly, 
proceed, without asking any further time, and without any 
further delay, and with which time their Lordships were further 
pleased to indulge them. 

Saith that, on the said 20th of December following, the De- 
fendant again attended the said Lords of Trade and Plantations, 



154 PENNSYLVANIA AND MARYLAND 

and was heard, by himself and Counsel, in Support of his said 
Petition; and the same not being gone through upon that At- 
tendance, was, afterwards, heard again by their Lordships, in 
the same manner, upon the 31st of the same December ; but the 
said Mr. Paris, who had kept their Lordships in suspense all 
that time, in expectation of laying the Plaintiffs Pretensions and 
Title to the said Counties before their Lordships, and had, upon 
that Account, delayed their Lordships taking this Defendant's 
said petition into their Consideration from Time to Time, de- 
clined laying the same before their Lordships, or appearing in 
Support of their pretended Right, and only stood by to take 
notice of what passed and what was offered by the Defendant and 
his Counsel ; upon which their Lordships, after having heard the 
Defendant and his Counsel, in Support of his said Petition, that 
is to say, on the 10th of January 1734, made their Report to his 
Majesty among other Things, setting forth the Substance of the 
Defendant's said Petition, and humbly acquainting his Majesty, 
that the Lands in question, commonly called the three Counties 
on Delaware River, supposed to be excepted by the Words Hacte- 
nus inculta, appeared to their Lordships to be included in the 
Limits of this Defendant's Charter, but they having been in the 
Possession of the Plaintiffs Family, for several Years, their 
Lordships thought it proper to communicate the Defendant's 
said Petition to the Plaintiffs Agent, that they might have an 
opportunity to lay before their Loi-dships what they thought 
proper in relation to the said Petition, and to the Plaintiffs 
Title to the said Lands; and their Lordships were likewise 
pleased, in their said Report, to set forth, that they had been 
frequently attended by the Plaintiffs Agent, and by the Plain- 
tiff Richard Penn, who had promised to lay an Account of the 
Plaintiffs Title before the Board, but that, after having kept 
their Lordships in expections thereof for several Months, they, 
at last, refused to proceed therein, whereby their Lordships 
were disabled from offering any Thing to his Majesty relating 
to their Claim, except that they found, by their Books, that, 
for some time past, whenever the Plaintiffs, the Proprietors of 
Pensilvania, had nominated a Person for the Approbation of 
the Crown to be Deputy Governor of that Province, and of the 
said three Lower Counties, they have given Declarations, under 
their Hands and Seals, which are extant in their Office from 
1702 to the last Nomination in 1733, whereby they acknowledge 
and agree that the said Approbation shall not be construed, 
in any manner, to diminish or set aside the Claim made by the 
Crown to the said three Lower Counties ; and their Lordships 
were, likewise, pleased further to set forth, by their said Report, 
that, upon the Plaintiffs refusal to proceed therein, their Lord- 



BOUNDARY QUESTION. 155 

ships thought it their Duty to examine the several Facts set 
forth in the Defendant's said Petition, and thereby alledged by 
the Defendant as a Ground for his Hopes of his Majesty's favour ; 
and begged leave to acquaint his Majesty that they, thereupon, 
found that there was no room to doubt the Lands in question 
were comprized within the Limits described by the said original 
Charter of Maryland dated the 20th of June 1632; and their 
Lordships, likewise in their said Report, further set forth that 
they had examined the ancient Records of their Office, and found 
the Order of Council of the 4th of April 1638 herein before-men- 
tioned, and se<t forth (which recites the Purport of a former Order 
dated the 3d of July 1663, [Note, he means 1633] upon Clayborne's 
Petition) and whereby their Lordships found the Sense of the 
Council, t hen, was, that the Right and Title to the said Isle of 
Kent, and the other Places therein, then in question, absolutely 
belonged to the Lord Baltimore; and their Lordships, by their 
said Report, further stated to his Majesty, the said Original 
Order in Council of 1685 .herein likewise before-mentioned and 
set forth) for dividing the said Counties, and declaring one half 
thereof to belong to his Majesty, and the other half to the Lord 
Baltimore, as comprized within his Charter; and that the said 
last mentioned Order of 1685, was ordered to be carried into Ex- 
ecution, soon after the late King James's Accession to the 
Crown, and was confirmed by the late Queen. 

Whereupon, their Lordships observed to his Majesty that the 
Sense of the Crown, and the Lords of the Council, in those 
several Decisions, seemed to have been governed by the Purport 
of the Words Hactenus inculta, but, notwithstanding these 
Words were in the Preamble, yet, they were not inserted by 
way of Restriction in the body or granting Part of the Defend- 
ant's said Charter; and, as the Authorities seemed, to their 
Lordships, to be equal, with regard to the Interpretation 
hitherto given them, so their Lordships submitted it to his 
Majesty, whether the Sense in which thej 7 were understood by 
the Privy Council in 1683, [Note, Here he again means 1633] 
and 1638, being so soon after the Date of the Original Grants 
of Maryland, when the real Intention of the Crown in that 
Grant ought to have been more clearly known to the Lords of 
the Council, or, the latter Decision therein, and on Avhich this 
Matter was again made the Subjest of an Enquiry in Council 
so long afterwards as in 1683 and 1685, should have the Prefer- 
ence? 

And, if it should be determined that the Right to the Lands 
in Question still remained in the Crown, their Lordships humbly 
beg leave to offer it, as their Opinion, that the Defendant had 
very just Pretensions to his Majesty's Favour, in Consideration 



156 PENNSYLVANIA AND MARYLAND 

of the great Sums of Money that have been expended by his An- 
cestors in settling the Province of Maryland, and in bringing 
the Cultivation of Tobacco to perfection there, whereby the 
Trade and Revenue of this Kingdom have gained, arid do daily 
receive, very great Augmentations, as by the said Report of the 
said Lords of Trade, to which the Defendant for his greater Cer- 
tainty begs leave to refer, will more fully and at large appear. 

Saith that, on the above Report of the said Lords of Trade 
being laid before his Majestv in Council, his Majesty was pleased 
to refer the same, together with the Defendant's said Petition- 
to the Right Honourable the Lords of his Majesty's most Hon- 
ourable Privy Council. 

And saith that, pending such Reference before the said Lords 
of Trade as herein before is mentioned and set forth, and not, 
withstanding their Lordships had declared, to Mr. Paris the 
Plaintiffs Agent, that their Lordships would hear any thing 
they had to offer, either in Opposition to the Defendant's said 
Petition, or in Support of their Title to the said three Lower 
Counties, and notwithstanding, upon such Declaration of their 
Lordships, Mr. Paris the Plaintiffs Agent assured their Lord, 
ships he would desist from presenting any Petition to his Ma- 
jesty, yet, he, as the Defendant believes, preferred a very long 
Petition to his Majesty in Council, on behalf of the Plaintiffs- 
setting up a Title to the said three Counties, but praying that 
they might not be obliged to set forth the same, and that the 
Defendant's said Petition might be dismissed, and that the 
said Petitioners Possession and Title might be confirmed, 
and that they might be indulged with a reasonable time 
to be heard thereon ; which Petition being referred by nis 
Majesty to a Committee of Council, the Plaintiffs on the 
19th of December 1734 moved their Lordships that the said Pe- 
tition might be referred to the Board of Trade, but the Defend- 
ant saith that their Lordships, being acquainted with what 
had passed in this Affair at that Board, and being satisfied, as 
the Defendant verily believes, that the same was prayed by the 
Plaintiffs with no other View than to delay and retard the said 
Report of the Board of Trade, their Lordships did not see Cause 
to refer the Plaintiffs said Petition to the Board of Trade, de- 
claring they would take the Plantiffs said Petition into Consid- 
eration at the same time with the said Report of the Board 
of Trade, when that should be laid before their Lordships. 

And saith on the 4th of March 1734 the Defendant's Sollici- 
tor moved the Lords of the Committee, as the Defendant be- 
lieves, to appoint a Day for taking the above Report of the 
Board of Trade and the Plaintiffs said Petition into their Con- 
sideration, and likewise another Petition, that had been pre- 



BOUNDARY QUESTION. 157 

sented to his Majesty by the Plaintiffs Sollicitor, in the Names 
of several Quakers, Inhabitants of the said three Lower Counties, 
into their Consideration, which the Sollicitor for the Plaintiffs, 
as the Defendant hath been informed by his Sollicitor and verilj' 
believes, strongly opposed, praying that the Consideration 
thereof might be postponed, till they could have an Oppor- 
tunity of hearing from Pensilvania; but which, on consider- 
ing the length of time that had passed since the presenting the 
Defendant's said Petition and the Plaintiff's Sollicitor first 
having notice of it, and on the Defendant's making out 
to their Lordships that Ships had arrived at Pensilvania from 
London, and Answers to Letters, sent by such Ships, been re- 
turned within that time, their Lordships, as the Defendant 
believes, refused to comply with, and ordered the said Report 
of the Board of Trade, together with the said two Petitions, 
to be heard the first Committee after Easter then next. 

And saith that, on the 2d of May 1735, being the first Com- 
mittee after the said Easter appointed by their Lordships for 
hearing the said Report and Petition, the Defendant's Sollici- 
tor again applied to their Lordships, to appoint a certain Day 
pursuant to their Lordships last Order for hearing this Matter, 
which the Defendant saith, he hath been informed and believes, 
was opposed by the Plaintiffs Sollicitor, but which Opposition 
was rejected by their Lordships, and Friday then next was ap- 
pointed for taking the said whole Matter into their Lordships 
Consideration. 

And saith that, he hath been informed and believes, the Lord 
President, at this last Motion, acquainted the Solicitors that 
he had received a Letter, himself, from one of the Plaintiffs, 
acquainting his Lordship that the Defendant was by Articles 
bound to convey to them the Lands in Controversy, and there- 
fore humbly hoping and insisting that their Lordships would 
not come to any Resolution till it was determined, in a Court 
of Equity, on a Bill he intended to File for a specifick Per- 
formance of those Articles, whether the Defendant was bound 
to perform them, or not, or to that Effect. 

Saith that their Lordships of the Committee, afterwards, on 
the 10th of the same May, heard Council, on both Sides upon 
the Report of the said Lords of Trade and Plantations and the 
said two Petitions of the Defendant and the Plaintiffs ; and 
their Lordships, afterwards, make a Report to his Majesty in 
Council, whereupon the Defendant believes his Majesty, by 
Order in Council of the 16th Day of May 1735 (made upon read- 
ing the last mentioned Report) was graciously pleased to order 
that the Consideration of the said Report of the Lords Com- 
missioners for Trade and Plantations of the 16th of January 



158 PENNSYLVANIA AND MARYLAND 

1734, and of the said two Petitions presented in Behalf of the 
Plaintiffs, or of some of the Possessors and Owners of Lauds 
in the said three Lower Counties, should all be adjourned, unto 
the End of Michaelmas Term then next, that either Party might 
have an Opportunity to proceed, in a Court of Equity, to ob- 
tain Relief upon the said Articles of Agreement, as they 
should be advised ; and that, after the Expiration of the 
said Term, either Party should be at liberty to apply to the 
said Committee of Council, as the Nature of the Case might 
require ; but the Defendant, for his greater Certainty herein, 
begs leave to refer to the said last mentioned Order and Report. 

Saith that the Plaintiffs had full and due Notice, by their 
Agent, in the manner herein before mentioned, both from the 
Defendant himself, and the Secretary to the Lords Commission- 
ers for Trade and Plantations, of the Defendant's Application. 

Denies that he either knows, or believes, that such Notice 
thereof to the Plaintiffs said Agent from the Lords of Trade was 
accidental, as is pretended by the Bill, but was purposely sent, 
and with the Defendant's Knowledge and Privity, and the De- 
fendant believes it to be true that Mr. Paris the Plaintiffs sail 
Agent, did, soon after his being so sent to by the Secretary 
of the Lords of Trade as aforesaid, attend their Lordships, and 
that he might, then, on the behalf of the Plaintiffs, and in the 
Presence of the Defendant, desire to know what it was that 
the Defendant prayed for by his said Petition? And that the 
Defendant might, then declare, in his Answer thereto, that he 
then petitioned for a confirmatory Grant of the said three Lower 
Counties, or to that Effect ; and that, upon the Plaintiffs de- 
siring time of their Lordships as is before mentioned, the De- 
fendant, plainly foreseeing it was intended for delay, as it after- 
wards evidently appeared as the Defendant humbly apprehends, 
he the Defendant did oppose the same, in the manner herein 
before mentioned, but in no other manner whatsoever. 

[NOTWITHSTANDING ALL THIS DENIAL THE BILL IS 
MOST PRECISELY TRUE.] 

Denies that he either knows, or believes, or ever heard, save 
from the Bill, that any such pretended blank Paper unauthen- 
ticated, or not signed, was offered to the said Lords Commis- 
sioners on the Defendant's Behalf, at their Hearing the Defend- 
ant's said Petition, as an authenticated Office Copy of the said 
Order in Council of the 4th of April 1638, as is scandalously sug- 
gested and insinuated in and by the Bill ; or were their Lord- 
ships, any ways, imposed upon, or deceived, therein, or took 
any Papers whatsoever that was or were offered to their Lord- 



BOUNDARY QUESTION. 159 

ships as a real Copy of any Order in Council, or other Proceed- 
ings whatsoever, which really and in Fact was not so. 

Saith he apprehends, and is advised, that it appears from the 
Report of the said Lords of Trade of the 16th of January 1734, 
and from the Records in the Office, that there was such an 
Order in Council of the 4th of April 1638 as is before mentioned, 
though the Plaintiffs are pleased to alledge there was not. 

[AND YET, IT IS MOST UNDOUBTEDLY TRUE THAT 
THEY HAVE OMITTED THE VERY HEART OF THAT 
DETERMINATION.] 

Denies that he either knows, or believes, that the said Report 
of the said Lords of Trade of the 16th of January 1734 was 
founded chiefly on the said Order in Council of the 4th of April 
1638, or that their Lordships, in their said Report, omitted to 
state any part of his Majesty's Determination in 1685, as is sug- 
gested by the Plaintiffs said Bill ; the said Report being to 
the Effect herein before set forth, and to no other Purport or 
Effect to the Knowledge or Belief of this Defendant. 

Saith that he hath heard and believes after the expiration of 
the time mentioned in the said Articles of Agreement for run- 
ning the Lines was expired, the Plaintiffs might receive an Ac- 
count of the Uneasiness and Dissatisfaction of the Inhabitants 
of the said three Lower Counties were under, at the said Lines 
not being run. 

And believes it is very likely the Plaintiffs Affairs would have 
been in a much better Condition if the Plaintiffs could have in- 
titled themselves to the Advantages of that Agreement. 

And also believes that the Tenants and Occupiers of Lands 
in the said three Lower Counties have, and do refuse, to pay 
any Quit-Rents to the Plaintiffs; but not for the Reasons in 
the Bill mentioned; for he hath heard and believes they always 
refused to pay the same, as well before, as since the said Arti- 
cles Of Agreement, and that they never have paid Quit-Rents 
to the Plaintiffs or their 'Ancestors. 

Denies that he had several, or any, Conferences with his said 
Commissioners, or any of them, as is pretended by the Bill, in 
order to contrive how to evade the said Agreement, or that 
many, or any Proposals or Hints were given him by his said 
Commissioners, or any of them, for that purpose, or that any 
encouragements or Advantages were offered or stated to him by 
his said Commissioners, or any of them, or any other Person, 
if he would defeat the said Articles, or that he was, at last, by 
that means, prevailed upon to consent thereto, in the manner 
as is pretended and suggested by the Bill, nor did he give any 
Orders to his said Commissioners, or any of them, to do all that 



160 PENNSYVLANIA AND MARYLAND 

they could to avoid the said Agreement, as is likewise sug- 
gested by the Bill. 

Denies that the Letter, wrote by him to the Plaintiffs said 
Commissioners from Maryland upon his receiving an account 
from his own Commissioners of their having discontinued 
their Meetings, and appointing another Meeting at Joppa, in 
the manner herein before mentioned, was writ or sent by the 
Defendant as being Conscious his own Commissioners had not 
proceeded with Candour, or with a View to accept of Notice 
to revive the Meetings of the Commissioners lest he himself, 
and not the Plaintiffs, should incur the Forfeiture in the said 
Articles, or that, at the time of his writing such Letter, he had 
ever declared that his Commissioners should meet again, only 
to prevent such Forfeiture, as is untruly allegded in the Bill ; on 
the contrary, saith he wrote such Letter to the Plaintiffs merely 
out of a Condescension and favour to the Plaintiffs, and not out 
of any pretended Sense or Belief of his having incurred the 
said Forfeiture by the Conduct of his said Commissioners, but 
at the time of Writing such Letter, in strictness, look'd upon 
himself intitled to the Forfeiture from the Plaintiffs by the 
Non- Attendance of their Commissioners in the manner herein 
before mentioned and set forth. 

Saith that he believes it as easy, and practicable, in a proper 
Season of the Year, now, to run, mark and lay out, the Bound- 
Lines, agreed upon by the said Articles of the 10th of May 1732, 
as it was between the Month of October 1732 and Christmas 1733, 
if the said Agreement was still subsisting and in force, but 
which he insists and is advised, it is not, for the Reasons herein 
before, and hereafter, mentioned and set forth. 

Believes it might take up two or three Months time to run 
out all the several Lines and Bounds, pursuant to the said 
Agreement in May 1732, in case no Difference in Judgment had 
arose between the Commissioners. 

Saith that, soon after the Defendant's Arrival in Maryland 
as before mentioned, and upon his being informed of the Doubts 
and Difference in Opinion touching the Circle to be drawn, he 
declared, as he really thought, that he believed his interfering, 
or giving any Directions to his Commissioners, concerning the 
Execution of the Trust reposed in them, might thereafter be so 
ill interpreted as that, if he should do it in one Case, in order 
to reconcile such Doubt or Difference, it might be made use of 
to insinuate that he did it, in another Case, and upon other 
Occasions, to create Doubts and Differences to obstruct the 
Execution of the said Articles; and therefore, for that reason, 
he declined giving any Directions to his Commissioners, upon 
their Communicating such their Doubts and Difference in 



BOUNDARY QUESTION. lfil 

Opinion to the Plaintiffs Commissioners, and left it entirely to 
his Commissioners, to act according to their own Judgments, 
without giving any Opinion or Directions, one way or other, 
and the Defendant, at that time, acquainted the Plaintiffs Com- 
missioners to the same purpose, and with such his Reasons for 
declining to given any Directions to his Commissioners upon 
that Occasion. 

Denies that such Difference in Opinion between the Commis- 
sioners was only pretended, or a meer Pretence, to avoid the 
said Agreement, as by the Bill is suggested, or that the same 
had been before directed by the Defendant to be made use of 
by his said Commissioners, as a means to spin out the time by 
the said Articles provided and appointed for running out the 
said Lines, and to avoid the said Agreement, as is likewise 
suggested by the Plaintiffs said Bill. 

Is advised and apprehends that it appears, from the Pro- 
ceedings of the said Commissioners, as herein set forth, that 
not running the Lines, within the time limited for that pur- 
pose, was no ways occasioned through the Default or Desiirn 
of the Defendant, or his Commissioners, but through the De- 
fault and Obstinacy of the Plaintiffs Commissioners, for that, 
when such Difference in Judgment between the said Commis. 
sioners with respect to the Circle to be run, as herein before 
mentioned, happened, and the defendant's Commissioners did 
not Obstinately rely on their own Judgments, but offered to 
take the Advice and Information of Mathematicians, and such 
Persons who were thought capable of convincing them, an I 
reconciling such Differences in Judgment that had happened 
with Respect thereto, which the Plaintiffs Commissioners re- 
fused, although the Defendant's Commissioners, as the De- 
fendant hath been informed and verily believes, told them 
that they did not intend such Advice should be so binding as 
to oblige the Plaintiffs said Commissioners to follow and pur- 
sue it at all Events, but only proposed it for their better Under- 
standing the Point in Doubt, and in order to reconcile their 
Opinions, and put the Matter in such a light as to enable them 
to perform and com pleat the said Agreement pursuant to the 
said Articles within the time allowed them by the said Articles 
or that purpose; and although the Plaintiffs said Commission- 
ers thought fit to refuse and avoid the Satisfaction desired by 
the Defendant's Commissioners in the manner before set forth, 
yet, as the Defendant hath likewise been informed and verily 
believes, his Commissioners not only had the opinion of such 
Persons there, who were reputed to have a Knowledge in Mathe- 
maticks, but actually laid that Opinion upon the Point in Dis- 
11— Vol. XV. 



1G2 PENNSYLVANIA AND MARYLAND 

pute, subscribed by such Persons, before such of the Plaintiffs 
Commissioners as were present on the Day such Default was 
made as aforesaid : And it likewise further appears, as the De- 
fendant insists, that the Defendant's Commissioners, notwith- 
standing the said Default of the Plaintiffs Commissioners, re- 
newed their Meetings, and when the Defendant's Commission- 
ers perceived the Plaintiffs Commissioners so obstinate in their 
own Sense of the Circle, as not to agree with them the Defend- 
ant's Commissioners in receiving Information from the Mathe- 
maticians, the Defendant's said Commissioners, thereupon, 
several times, offered to proceed to Cape Hinlopen, in order to 
endeavour to agree upon and execute as much of the Articles 
as they could, within the limited Time for that purpose, but 
which the Plaintiffs Commissioners also absolutely refused. 

Defendant is advised and insists that from this, and the several 
Papers exchanged by the Commissioners, as herein set forth, 
it plainly appears his Commissioners were not in any wilful 
Default to occasion any Delay. 

And conceives that his said Commissioners were right, in their 
Opinion, as to the Dimensions and Nature of the Circle intended 
to be run by the said Agreement, the Defendant being advised 
and apprehending that it appears by the whole Tenor of the 
Agreement, as well as by the second Article thereof, that the 
Intention of the Parties thereto was to have no other Circle 
run than what was pretended to be granted and described by 
the Plaintiffs said Deed of Bargain and Sale or Feoffment of 
Newcastle, and therefore, although the Words only (of) 12 
Miles were inserted in the said Articles, yet, as they were a 
Contradiction to the other part of the Article, and also to 
the whole Agreement, the Defendant's Commissioners did 
right, as the Defendant is advised and insists, in desiring and 
insisting upon the Plaintiffs Commissioners running the Circle 
mentioned in the Deed of Feoffment of Newcastle, rather than 
to insist on the Words (only of) 12 Miles, which would, by the 
Construction contended for by the Plaintiffs Commissioners, 
by a manifest Contradiction as before mentioned, destroy the 
whole Articles. 

Is advised and conceives that the running the Circle was not 
necessary, the first thing in Course to be done, pursuant to the 
said Articles, or any other wise than that the second Article of 
the Agreement mentions the Circle to be run about Newcastle; 
for that and East and West Line, from Cape Hinlopen, might 
with regard to the Execution of the Agreement, have been as 
well run first, as the Circle about Newcastle; but saith he hath 
been informed and believes that, as the running the Circle about 
Newcastle was placed in the first Article of the Agreement, the 



BOUNDARY QUESTION. 163 

Commissioners at their first Meetings considered the Execution 
of that ; and as it was necessary to fix and determine a Center, 
before such Circle could be run, and as there was no Place fixed, 
either about, or in, the Town of Newcastle, by the said Articles, 
for such Center, a Question, very naturally, (as this Defendant 
conceives) arose, at the Meetings of the Commissioners before 
this Defendant's Arrival in Amercia, as before set forth, about 
the Place where such Center ought to be fixed. 

Is advised and conceives that the greater Caution was neces- 
sary, in this Matter, in regard the Town of Newcastle (although 
he admits there are not many Houses in it) stands upon a large 
Space of Ground, and is near two Miles in length from North 
to South; so that there was room enough for the Commis- 
sioners to place, and vary, the Centre of such Circle from the 
Places where it ought to be, and as that would be a great Ad- 
vantage, or Disadvantage, to the Parties, in running the Radius 
of such Circle more to North or South, which would materially 
intrench on either Party, so the Defendant is advised and ap- 
prehends it plainly appears that this was a Question which 
arose amongst the Commissioners before the Defendant's Arrival 
in Amercia, and was not any ways concerted or pre-ad vised by 
the Defendant or any of his Commissioners in order to avoid or 
evade the said Agreement, as is untruly suggested in and by 
the Bill. 

Is advised and insists that the not running the said Lines by 
the 25th of December 1733, as provided for by the said Agree- 
ment, was not occasioned, or any ways owing to, any Default 
or Misbehaviour in the Defendant's Commissioners, or any of 
them, but to the Default and Misbehaviour of the Plaintiffs 
Commissioners, and from the Difference in Opinion that hap- 
pended between the said Commissioners, in the manner before 
set forth. 

Doth not admit that the said Articles of Agreement of the 
10th of May 1732 do now exist, or subsist in full Force and 
Virtue, but, on the contrary, insists that the same are now 
absolutely void; and the Reason he insists the same are void 
are, as herein before particularly mentioned and set forth, and 
for that, there was a manifest Falsity introduced, as part of the 
Agreement, and imposed upon the Defendant by the Plaintiffs 
in manner before mentioned, though he is very well assured 
the Plaintiffs must have been apprized and knew thereof at the 
time of executing the said Articles of Agreement, for he saith, 
he hath since discovered, and it is observable, that on the Map 
upon which the said Agreement was founded, and which is 
made part of the said Agreement as is before set forth, Cape 
Cornelius is described to be over-against Cape May, and Cape 



164 PENNSYLVANIA AND MARYLAND 

Hinlopen is represented- to be at a considerable Distance, which 
is generally as the Defendant hath been informed and believes, 
computed to be about 20 Miles to the Southward of Cape Cor- 
nelius; whereas it is manifestly Evident from all other Maps, 
and is notoriously known, that the Place called the Whore-Kill 
was near, or at, the Place called Cape Cornelius, and ths 
general, and received, Opinion and Understanding of People in 
those Parts is, and has been, for many Years past, that Cape Hin- 
lopen was at the Point whereabouts Cape Cornelius is placed, 
and near where the Town or Village called the Whore-Kill is 
situated ; and the very Deeds from the Duke of York, under 
which the Plaintiffs set up their pretended Title to the said 
Counties in Dispute, and which are recited also in the Preamble 
of the said Articles of Agreement, to the best of the Defendant's 
Remembrance, described Cape Hinlopen alias the Whore-Kill 
to be the same ; and in regard to this manifest Falsity, and the 
Imposition upon the Defendant by the Plaintiffs, and for the 
Reasons herein before mentioned, and as the Plaintiff's, in case 
the said Agreement was to be carried into Execution could not 
make the Defendant any manner of Title, whatsoever, to such 
Part of the said three Lower Counties as, according to such 
Division, might fall to the Defendant's Share, or be deemed 
Part of his said Province of Maryland, the Plaintiffs themselves 
having, as the Defendant apprehends, no manner of Right or 
Title whatsoever to the said three Lower Counties, or any part 
thereof, and as the said Agreement the Plaintiff's so desire to 
be carried into Execution was a voluntary Agreement on the 
part of the Defendant, and without any manner of Consideration 
whatsoever given or allowed him for his entering into the same, 
and as there was no possibility of any Benefit or Advantage ac- 
cruing therefrom to the Defendant, but, on the other hand, a 
manifest Prejudice and Disadvantage; and as the Defendant 
was imposed on therein, in the manner before mentioned, both 
with regard to the Situation of Cape Hinlopen as is before set 
forth, as likewise with regard to the Plaintiffs pretended Title 
to the said Counties, the Defendant, at the time of his entering 
into the said Agreement, being induced to believe that the 
Plaintiffs could have made the Defendant a good Title to such 
Parts of the said three Lower Counties as might have fallen to 
his Share, but which he hath, since, by Papers which have been 
transmitted him from America, and otherways, been plainly 
convinced they cannot, therefore hopes, the Plaintiff's shall not 
have any such Relief as is prayed by their Bill against the De- 
fendant, and that the said Articles shall not be carried into 
Execution, by the Aid, Assistance or Direction of this Court, 
in any respect whatsoever, but shall be delivered up to the 



BOUNDARY QUESTION. 165 

Defendant to be cancelled, and likewise hopes that the Plain- 
tiff's shall be decreed to pay the Defendant all the Costs and 
Expences, both himself and his Commissioners were at, relating 
to their Endeavor in executing the said Agreement of the 10th 
of May 1732, as likewise all other Costs the Defendant may have 
been any way put to by the reason of the several Matters before 
set forth. 

And this Defendant submits whether Mr. Attorney-General, 
on behalf of the Crown, should not be made a Party to the 
Plaintiffs Bill. 

Denies Combination, and concludes with the general Traverse. 

THE SCHEDULE IN THE ANSWER MENTIONED, AND 
THEREBY REFERRED UNTO. 

Proceedings by the Commissioners appointed by the Right Hon- 
ourable the Lord Proprietary of Maryland and the Proprie- 
taries of Pensilvania for running the Lines and Bounds of 
their Provinces. 

1732. Oct. 6-7. 

An Agreement having been concluded, between the Right 
Honourable Charles Lord Baltimore, Proprietor of the Prov- 
ince of Maryland, and John, Thomas, and Richard Penns Esqs ; 
Proprietors of the Province of Pensilvania, &c. , touching the 
Boundaries of their respective Governments, and Commissioners 
being named on both Sides for executing the said Agreement, 
a Meeting of them was appointed, at Newtown, in the County 
of Kent, in Maryland, on the 6th Day of October 1732, where 
the said Commissioners being accordingly come, a Meeting wa s 
held, the Day following, where were present the Lieutenant- 
Governor of Maryland, the Honourable Charles Calvert Esq., 
Philip Lloyd Esq; Michael Howard Esq; Richard Bennet 
Esq; Matthew Tylghman Ward Esq; the Lieutenant-Governor 
of Pensilvania, Isaac Norris Esq ; Samuel Preston Esq ; Andrew 
Hamilton Esq; James Steele Gent. ; Robert Charles Esq; 

A Commission, from the Right Honourable the Lord Balti- 
more, bearing Date the 12th Day of May 1732, nominating and ap- 
pointing the said Lieutenant-Governor of Maryland, Charles 
Calvert, Philemon Lloyd, Michael Howard, Richard Bennet, 
Matthew Tylghman Ward and Benjamin Tasker Esqs ; or any 
six, five, four, or three of them, to be his Lordship's Commis- 
sioners, and a Commission from the said John, Thomas, and 
Richard Penns Esqs ; bearing Date the 12th Day of May 1732, 
nominating and appointing the said Lieutenant-Governor of 
Pensilvania, Isaac Norris, Samuel Preston, Andrew Hamilton 
Esqs ; John Steele, Robert Charles Gent, with James Logan Esq ; 



166 PENNSYLVANIA AND MARYLAND 

or any six four or three of them, to be their Commissioners, 

for running, marking, and laying out the Circle and the several 
Lines and Boundaries in the Agreement between the said Pro- 
prietaries specified, were produced, and read, as were likewise 
the Original Agreements, bearing Date the 10th Day of said 
May. 

And the said Commissioners present did, unanimously, agree 
that they, or a sufficient Quorum of them, without further 
Notice, should meet, at the Town of Newcastle, on Delaware, 
on Monday the 30th Day of October Instant, in order then to 
proceed to mark out the Circle in the said Agreement mentioned, 

Then, to wit, October the 30th 1732, his Excellency the Gov- 
ernor of Maryland, and Philemon Lloyd, Michael Howard. 
Richard Bennet, and Benjamin Tasker, Esqs; and the Governor 
of Pensilvania, Isaac Norris, Samuel Preston, James Logan, 
Andrew Hamilton, James Steele and Robert Charles Esqs; met, 
at Newcastle, according to the last Appointment, to run out 
the Circle about Newcastle, in pursuance of the second Article 
of the Agreement ; and that Article obliging the Commissioners 
to run out the Circle mentioned in the Charter of Pensilvania 
and Deed of Feoffment for Newcastle, the Commissioners for 
Maryland desired the Charter, and Deed of Feoffment, might 
be produced, for their Direction in running out the said Circle: 
The Commissioners for Pensilvania, on the other hand, that ? 
as they were recited, they were obliged to stand to that Recital, 
whether true or false ; but, as the Commissioners of Maryland 
insisted that the Intention of both Proprietaries was to run 
out the Circle according to the Deed of Feoffment and no other, 
the Commissioners for Pensilvania produced their Charter, and 
an Exemplification of the Deed of Feoffment : The Commission, 
ers for Pensilvania having laid it down, as a settled Point in 
Law, that the least Variation in their Proceedings from the 
Powers and Authorities contained in their Commissions would 
render them wholly ineffectual and void, a Difficulty arose, upon 
perusing the Articles^of Agreement, there being no Spot ap- 
pointed therein for the Centre to the said Circle, which, should 
the Commissioners take upon them to determine, would cause 
such a material Alteration, to the Advantage of one or other of 
the Proprietaries, as they were not impowered to make : Here- 
upon, for the further and better Consideration of the affair, the 
Commissioners mutually agreed to adjourn to the 1st Day of 
February then next ensuing. 

The following Commissioners (viz.) his Excellency Samuel 
Ogle, Charles Calvert, Matthew Tylghman Ward, Michael How- 
ard, Benjamin Tasker and Edmund Jennings Esqs; appointed, 
on the behalf of Maryland, by the Right Honourable the Lord 



BOUNDARY QUESTION. 167 

Baltimore, and the following Commissioners (viz.) Isaac Norris, 
Samuel Preston, Andrew Hamilton, James Steele and Robert 
Charles Esqs; appointed, on the Part of Pensilvania, by the 
Honourable the Proprietaries of that Province, being met, at 
the Town of Newcastle, the 1st Day of February 1732, pursuant 
to an adjournment made by a sufficient Quorum of the Com- 
missioners at the said Town of Newcastle the 30th Day of 
October 1732, to proceed in the runuing,&c.,the Circle and Lines 
agreed by the Articles to be run, his Excellency Samuel Ogle 
Esq; acquainted the Commissioners of Pensilvania that, not- 
withstanding the Rigour of the Season, and Extremity of the 
Weather (the like not known these many Years) and the Dis- 
tance of 100 Miles, and the Difficulty of passing the Bay of 
Chesopeak and the Rivers, they, on the Part of Maryland, to 
shew their Readiness for the Execution of the Agreement, had 
surmounted all Obstacles of their Journey, in order to meet 
them on that Day and Place appointed ; and further, that the 
Lord Baltimore, who, then in Maryland, desiring that there 
might not be want of a sufficient Number of his Commissioners 
for the above Purposes, and considering the ill State of Health 
of Richard Bennet Esq; one of his Commissioners, formerly 
appointed, and the disappointments which might happen to 
the others, in their intended Journey to Newcastle, had ap- 
pointed Edmund Jennings to be his commissioner, in the place 
and stead of Richard Bennet. Then, his Excellency observing 
that the Commissioners, on the part of Pensilvania, might 
probably be fatigued with their Journey of about 40 miles from 
Philadelphia, proposed, if they thought fit,for their conveniency 
to adjourn until the next day, which was readily consented to, 
and, thereupon, they adjourned to Friday the 2d Day of Feb- 
ruary at ten of the Clock in the Forenoon, in the Assembly 
Room, in the Court-House, which place the Commissioners of 
Pensilvania desired might be the place of meeting. 

At which time the Commissioners, above named being met, 
his Excellency thought proper to produce the Commission from 
the Lord Baltimore appointing Edmund Jennings one of his 
Commissioners, which, being perused by some of the Commis- 
sioners on the Part of Pensilvania, was returned to the said 
Edmund Jennings, his Excellency then desiring to see the Com- 
mission from the Proprietaries of Pensilvania, appointing their 
Commissioners, a Copy was produced, which differed from the 
Manner of Appointment mentioned in the Minutes taken at 
Newtown ; for that, by those Minutes, James Logan seems to 
be made a Person always necessary to attend, and therefore his 
Excellency desired the Original might be produced, which was 
promised : His Excellency acquainted the Commissioners on the 



168 PENNSYLVANIA AND MARYLAND 

Part of Pensilvania to this effect (viz.) That the Necessity of 
strictly conforming themselves to the Powers and Authoriti s 
contained in their Commission, and that the least Variation 
therefrom would render their Proceedings ineffectual and void, 
being delivered at their last Meeting for settled Law, and con- 
sequently, a Rule to their Behaviour, by the Commissioners 
on the Part of Pensilvania, when they the Commissioners had 
prcoeeded so far as to come to the Consideration of the Place 
where the Centre of the Compass or Circle about Newcastle 
should be fixed, it was found that no particular Spot, Place or 
indivisible Point, was appointed, either by the Articles of 
Agreement, or Commission; and, it being certain, that the 
Difference of Place for such Centre, in the several Parts of the 
Town of Newcastle (which was large) and would make a great 
Alteration in the Favour, or Disfavour, of one or other of the 
Proprietaries, they thought themselves, by the above Doctrine, 
not at liberty either to exceed their Powers, by placing a Centre 
in what Part of the Town of Newcastle they pleased, since no 
Power was given to them for that purpose, and that, by fixing 
such Centre, they must, necessarily, vary from their Powers, 
in a Matter very material and essential, for the Interest, or 
Disadvantage, of one or other of their Principals ; That these 
Reasons put them, the Commissioners of Maryland, under a 
Necessity of desiring some Satisfaction, of them the Commis- 
sioners of Pensilvania, before they made any further Steps, 
which they, the Commissioners of Pensilvania, having not 
given, in the Apprehensions of the Commissioners of Maryland, 
at their last Meeting, the Commissioners of Maryland hoped 
that, in this Distance of Time, the Commissioners of Pensil- 
vania had so well considered that Point as to remove the Im- 
pediment. The Commissioners of Pensilvania answer that they 
thought the Reason of the last adjournment to be, that the 
Commissioners of Maryland might receive further authori- 
ties or directions from the Lord Baltimore, who was then 
shortly expected in Maryland : That the Nomination of a 
Centre was not necessary for the running the Circle, and that 
only a Segment of the Circle was necessary to be run; That 
they were informed and advised, by Mathematicians, that a 
Circle might be run, without fixing a Centre ; and that, therefore, 
this Circle, or a Segment thereof, may be run, without a Cen- 
tre, as directed by the second Article, which only directs a Cir- 
cle, or so much as is necessary to be run, without taking notice 
of a Centre: That tho' the Point or Spot in the Map was not 
exact, so as to fix a positive Centre, yet, it was directory; That 
the Rule, of not varying from their Power, was right and true, 
but that they thought this fixing a Centre was no Variation 



BOUNDARY QUESTION. 109 

from tlieir Powers, since no Centre was mentioned or specified to 
be in any particular Place ; and that they had all the Power of 
fixing a Centre which either the King, Duke of York, Lord Balti- 
more, or Mr. Penn, ever had. To this, the Commissioners of 
Maryland replied, that they could not conceive how this Circle, 
or a Segment thereof, could be run, without a Centre in some 
Part of the Town of Newcastle, which was large, and capable 
of many Centres, to the Advantage, or Disadvantage, of one or 
other of the Proprietaries ; That it was true the second Article 
does not mention a Centre, and therefore, the Doubt was 
raised, since no Power was given to fix a Centre : That they 
were glad to find the Commissioners then receded from the 
Map, or Spot in the Map, which, at their former Meeting, had 
been urged as a Point for the Centre of the Circle, which the 
Commissioners of Maryland then conceived, and still imagine, 
impossible to apply to any Spot or Place in the Town of New. 
castle, with any Probability of Truth : That they thought 
assuming a Power, not given by the Articles and Commission, 
as unwarrantable and fatal to their Proceedings, as what the 
Commissioners of Pensilvania called varying from their Powers ; 
That even, supposing for Argument's sake, that the Duke of 
York, Lord Baltimore, or Mess. Penns, had sufficient Power to 
fix a Centre, yet the Commissioners of Maryland did not ap- 
prehend such Powers had been transferred to them the Com- 
missioners; That the Lord Baltimore, or Mess. Penns, could 
not give any Power or Directions, further than, or contrary to, 
the Commissions and Articles; and, therefore, there was no 
Necessity of the last Adjournment for that purpose; that altho' 
the Commissioners of Pensilvania had not given any satisfactory 
Answer to the Doubt, relating to the Centre, yet, to convince 
them that the Commissioners of Maryland had no other than 
an Intention to execute the Agreement, the Commissioners of 
Maryland were willing, for the px-esent, to postpone a further 
Consideration of the Centre, and to proceed to the Nature of 
th3 Circle, that there might be as few Obstacles as possible 
to the Agreement; To which the Commissioners of Pensilvania 
consenting, the second Article was read, and his Excellency de- 
livered the Sense of the Commissioners of Maryland, to the Effect 
following, (viz.) That the Commissioners, on both Sides, hav- 
ing, at their last Meeting, agreed to have the Deed of Feoffment 
for Newcastle produced, for their Direction in running out the 
Circle about the same, and that Deed having been produced 
accordingly, and a Copy of the same taken, so far as was judged 
necessary for that purpose, nothing, remained for the Commis- 
sioners to do then, but, to run out the Circle according to that 
Direction: That the Words in the Feoffment are, "All that 



170 PENNSYLVANIA AND MARYLAND 

"the Town of Newcastle, otherwise called Delaware, and all 
"that Tract of Land, lying within the Compass or Circle of 10 
" Miles about the same :" That these Words plainly intend a 
Circumference, or circular Bound, of 12 Miles, about, accord, 
ing to the vulgar and most common Use of the Word Circle; 
which Signification is, here, particularly determined, by this 
additional Term, Compass of 12 Miles about, and indeed, no- 
thing can be more common than to call the Compass, or Bounds 
about, the Circle, instead of the Circumference. Thus a Ring 
or a Hoop, abstracted from the Area contained within, is called 
a Circle, and even Mathematicians often use Circle, and Cir- 
cumference, as synonymous Terms ; as when, from a Point given, 
they propose to describe a Circle; as also when, they say two 
Circles, can only intersect each other in two Points, they mean 
two Circumferences, and not two Circles, in which last Case 
the Proposition would be false : That thus, the usual accepta- 
tion of the Word Circle, both with the Vulgar and Mathemati- 
cians, is to denote a Ring, or a Hoop, or Circumference. To 
which Sense the very Words of the Feoffment strictly confine it, 
by the Term Compass, with the additional expletive Particle, 
about. That yet, to shew more clearly how impossible it is to 
put that Construction upon the Words of the Feoffment which 
the Commissioners of Pensilvania insist upon, it may be sup. 
posed, for Argument's sake (tho' the Tract is otherwise) that a 
Circle,or Compass of 12 Miles about, has the same Signification 
with a 12 Miles Circle, which last Phrase is liked much better by 
the Gentlemen of Pensilvania than the other, as thought more for 
their Advantage, yet, even in that Case, it would only denote 
a Circle whose Diameter is 12 Miles; for Circumferences, Circles 
and Spheres, are always denominated and proportioned by their 
Diameters, Squares of their Diameters, and Cubes of their Di- 
ameters; but, never, by their Radii, unless such particular Sig- 
nification is specified : That a four foot Wheel is understood, 
by all Mankind, to mean a Wheel, which has four Feet for 
its Diameter: If the Commissioners for Pensilvania know any 
foiir-foot Circle, whatsoever, that has a Diameter of eight Feet, 
the Commissioners for Maryland hope they would do them the 
Favour to produce it for their Satisfaction, otherwise, they 
cannot allow them that, a twelve Mile Circle about Newcastle 
must mean a Circle where Diameter (by a new Way of Reckon- 
ing hitherto unheard of) is 24 Miles, even tho' the Commission- 
ers for Maryland should be so very complying as to allow a 
Circle or Compass of 12 Miles about to mean the same thing 
with a 12 Miles Circle. That the Commissioners for Pensil- 
vania may well allow the Commissioners for Maryland to call 
this Meaning of the Commissioners for Pensilvania a new Way 



BOUNDARY QUESTION. 171 

of denominating and proportioning Circles, since Mr. Penn, as 
well as the Lords of the Council in 1685, seem wholly unac- 
quainted with it, which could not well have happened if it 
had been then invented ; Those Lords, however willing they 
were to give the full Extents to that Circle in favour of the 
King, never thought of its having a Radius of 12 Miles from 
Newcastle, quite cross the Peninsula to the Bay of Chesopeak, 
but contented themselves (and it appears that Mr. Penn was 
likewise greatly contented) with an Order to the following Effect 
(viz.) That,for avoiding further Differences, the Tract of Land, 
lying between the River and Bay of Delaware and the Eastern 
Sea on the one Side, and Chesopeak Bay on the other Side, 
be divided into equal Parts, by a Line from the Latitude of 
Cape Hinlopen to the 40th Degree of Northern Latitude, and 
that one Half thereof, lying towards the Bay of Delaware and 
the Eastern Sea, be adjudged to belong to his Majesty, and 
that the other Half remain to the Lord Baltimore, as comprized 
within his Charter : That no body ever thought this Order of 
Council had the least Degree of Partiality in favour of Lord 
Baltimore; on the contrary, it is well known how much he 
thought himself aggrieved by it, and how desirous Mr. Penn 
was to rely upon it, avoiding, by all manner of ways, to have 
his Cause heard by any other Council ; and it is to be presumed 
the present Mess. Penns, likewise, know their Interest too well 
to desire the Affair to come into Council, even at this time, 
when the most fair and equitable Decision might be so justly 
expected that it can be no Objection that at the End of the 
Article which directs the running out of the Circle men- 
tioned in the Deed of Feoffment, it is added at 12 Miles Distance 
from Newcastle; for the Intention of both Proprietaries being 
plainly, without any Manner of Doubt, to run out the above 
mentioned Ch*cle and no other, besides the very Article it self 
obliging both Parties to do the same, those Words cannot, 
possibly, have any Operation, unless they should set the Arti- 
cles wholly aside for their flat Contradiction to the other Part 
of the Article and the whole Tenor of the Agreement; that this 
being the true State of the Case, the Commissioners for Mary- 
land desired to have a plain, and direct, Answer, from the 
Commissioners for Pensilvania, whether they will run out the 
Circle about Newcastle as directed by the Deed of Feoffment, 
or, if they positively insist to run out no other but one with a 
Diameter of 24 Miles? To this, the Commissioners of Pensil- 
vania answered, That the Commissioners were not left to their 
Discretions in the Execution of this Article, with regard to 
the Nature of the Circle, for they were obliged to run it at 12 
Miles Distance from Newcastle, and could not run any other: 



172 PENNSYLVANIA AND MARYLAND 

That the Circle ought to be understood by the Commissioners in 
the Sense the King- by his Deed to the Duke of York, and Charter 
of Pensilvania, and the Duke of York by his Deed to Mr. Penn 
and Mess. Penns. and the Lord Baltimore, understood it, and 
that they understood as a Circle with a 12 Miles Radius from 
the Town of Newcastle : To which the Commissioners of Mary- 
land replied that, by the Tenor and Purport of the Agreement, 
it appeared, that the Lord Baltimore and Mess. Penns did not 
intend any Circle to be run, different from that mentioned and 
described in the Deed of Feoffment, and that, if any Words 
were inserted in the second Article, which contradicted the 
Description of the Circle in the Deed of Feoffment, such Words 
must either be rejected, or create a Contradiction which would 
destroy the whole Article; That the Intention of the Parties 
would not reconcile Contradictions, or make a Circle of four 
Miles or twelve Miles Diameter, by any Expressions, a Circle of 
twenty-four Miles Diameter, or twelve Miles Radius; That as 
the Parties did intend only the Circle in the Deed of Feoffment 
they the Commissioners of Maryland were ready and willing to 
determine it to be such a Circle, and proceed accordingly; 
And that the Charter of Pensilvania could not be said to ex- 
plain the Circle in the Deed of Feoffment, since such Charter 
was made before that Deed, and no Relation or Reference had 
to the Charter, by that Deed, which ^might rather prove they 
were two distinct Circles, than the same: And the Commis- 
sioners of Maryland further offered, to the Commissioners of 
Pensilvania, that, as this Point was a Matter properly within 
the Learning of Mathematicians, in order by any means to 
satisfy each other, and remove all Doubts, to consult and hear 
what the Mathematicians thought in relation to such Circle 
and that the Mathematicians should deliver their Opinions, in 
the Presence of each other, before the Commissioners, and argue 
thereupon, at Five of the Clock in the Afternoon; To which 
Time and Place aforesaid the Commissioners adjourned. At 
which time, Commissioners being met, the Commissioners for 
Pensilvania acquainted the Commissioners for Maryland that 
one of their principal Mathematicians, with whom they in- 
tended to consult, was so ill of the Gout as he could not, 
that Afternoon, attend, and desired the Matter, and Question 
thereupon, might be reduced into Writing, and that, if he could 
not attend the next Day, yet, the Commissioners for Pensilva- 
nia would procure his Answer in Writing; the Commissioners 
of Maryland, that no Time might be lost in forwarding the 
Execution of the Agreement, offered to the Commissioners 
of Pensilvania to go with them, that Afternoon, to the Place 
where their Mathematician was, and to carry their own Mathe- 



BOUNDARY QUESTION. 173 

maticians to the same Place; which the Commissioners of Pen- 
silvania (for Reasons only known to themselves) refused. 

Whereupon the Cominmissioners of Maryland delivered, to 
the Commissioners of Pensilvania, a Writing, to the Effect fol- 
lowing, viz. 

[This is left blank in the Copy sent this Defendant.] 

After which, both the Commissioners agreed to adjourn until 
10 O'Cloek on Saturday morning, being the 3d Day of February, 
1732, at the same Place. 
Feb 3. 

According to which Adjournment the Commissioners for 
Maryland attended, at the ^lace aforesaid where they being, 
and no Commissioners on the Part of Pensilvania, coming, the 
Commissioners for Maryland ordered an Officer (as they believed) 
belonging to the Court-House, and there then waiting, to go 
and acquaint the Commissioners of Pensilvania, that they the 
Commissioners of Maryland were there, ready to proceed on 
Business, and expected the Commissioners of Pensilvania would 
immediately come and join with them, and that it was long 
after the Hour appointed, or to that effect; which Officer, as 
the Commissioners for Maryland have good Reason to believe, 
immediately went and informed the Commissioners for Pensil- 
vania accordingly ; That, some time after that Message, Mes- 
seurs Norris and Preston came, on the Part of Pensilvania, and, 
some time after them, Mr. Steel, another Commissioner for 
Pensilvania, came; whereupon his Excellency acquainted the 
Commissioners for Pensilvania that they, the Commissioners 
of Maryland, had waited, a considerable Time past the Hour 
appointed, for the Commissioners of Pensilvania; but that, as 
there was then a Quorum sufficient to proceed to Business, 
he desired there might be no further Delay, for that they, the 
Commissioners of Maryland, had come a great way from home 
on that Affair, and that the Mathematicians, who had been 
consulted with by the Commissioners of Maryland, and were 
then attending the Room, were obliged to- return into Mary- 
land (being 30 Miles at least) that Day, especially the Reverend 
Mr. Hugh Jones, to attend his Cure on the Sunday, being the 
next Day; and thereupon his Excellency produced a Paper, 
signed by the said Mr. Hugh Jones, formely Mathematical Pro- 
fessor in the College of Virginia, and William Rumsey. with the 
following Contents (viz.) 

Quere, What Circle is understood by these Words (viz.) En- 
feoff and confirm, unto the said William Penn, his Heirs and 
Assigns for ever, all that the Town of Newcastle, otherwise 
called Delaware, and all that Tract of Land, lying within the 
Compass or Circle, of 12 Miles about the same. — Answer. — 



174 PENNSYLVANIA AND MARYLAND 

By the Term, Circle, is understood either a Circumference, or 
else, an Area ; and, as the Word is here expressed, it is limited 
to a Circumference or Periphery, here called Compass about ; 
the Diameter of which Circle, or Compass about, is somewhat 
less than Four Miles. 

Which Paper some of the Commissioners for Pensilvania 
read, but, immediately, Mr. Steele went away out of the Room, 
so that there was not a Number of Commissioners on the Behalf 
of Pensilvania, sufficient to authorise an Proceedings. The 
Commissioners of Maryland waited, some time, for the Return 
of Mr. Steele, or coming of some other of the Commissioners of 
Pensilvania, there being then, in the Town of Newcastle, Mr. 
Norris, Preston, Hamilton, Steele and Charles; but none other 
coming to make a sufficient Number on the Part of Pensilvania, 
his Excellency informed Mr. Norris, that it was strange the 
Commissioners for Pensilvania did not meet, to proceed accord- 
ing to the Adjourment ; and that, if they delayed coming any 
longer, the Commissioners of Maryland should think them- 
selves obliged to leave the Place, and protest against the Non- 
Attendance of the Commissioners of Pensilvania; Mr. Norris 
acquainted the Commissioners of Maryland, that Mr. Hamilton 
was so ill, with the Gout, that it was unlikely he could be able 
to attend : To this his Excellency offered to go down to Mr. 
Hamilton, if the Commissioners for Pensilvania desired ; which 
not being done, the Commissioners for Maryland waited some 
time longer, with their Mathematicians, in the above mentioned 
place appointed, in hopes of the coming of some other of the Pen- 
silvania Commissioners; but none coming, nor any Message 
brought to the Commissioners of Maryland of their coming, his 
Excellency again repeated to Mr. Norris the Necessity the Com- 
missioners of Maryland should think themselves under of leav- 
ing the Place, and protesting against the Non-Attendance of the 
Commissioners of Pensilvania, if a sufficient Number did not, 
in a short Time, come. That after the Commissioners of Mary- 
land had stayed some time longer, and that, at least, an Hour 
had expired since the Commissioners of Maryland gave notice 
to the Pensilvania Commissioners of their being ready to 
proceed to Business, and their Expectation and Desires of 
the Attendance of the Pensilvania Commissioners for that 
Purpose; and that upon comparing the Watches of Mary- 
land Commissioners with those of the Pensilvania Commis- 
sioners, it appeared that it was between and 35 Minutes past 

12, and that, consequently, the Appointment, or Adjourn- 
ment, for that Morning, was at end : His Excellency, with the 
other Commissioners of Maryland then present, (viz.) Charles 
Calvert, Matthew Tyghlman Ward, Benjamin Tasker, Michael 



BOUNDARY QUESTION. 175 

Howard and Edmund Jennings declared that they had been 
there attending, according to the Adjournment and Appoint- 
ment aforesaid, to proceed on Business, but that a sufficient 
Number of Commissioners for Pensilvania had wilfully neg- 
lected to be and continue there, according to the Adjournment 
aforesaid, to proceed according to the Commission and Articles 
of Agreement; and that, as the Commissioners of Maryland, 
not only from the aforesaid Behaviour of the Commissioners 
for Pensilvania, but also from the Declaration at their Meeting 
in the Afternoon of the former Day by one of the Pensilvania 
Commissioners, (viz.) That the Affair to be transacted by the 
Commissoners would not end here, but be carried into England, 
or to that Effect, were persuaded the Commissioners for Pensil- 
vania had no other Intent than to break off any further Proceed- 
ings towards the Execution of the Agreement ; for these Reasons 
the Commissioners of Maryland protested, in the Place afore- 
said, before Mr. Preston (Mr. Norris having, for some time 
before, left the Room) and Mr. Jones and Rumsey, against the 
Non- Attendance aforesaid of the Commissioners of Pensilvania, 
reserving all Benefit and Advantage which might or could ac- 
crue to the Lord Baltimore, by Reason of the Default and Non- 
Attendance aforesaid of the Pensilvania Commissioners; after 
which the Commissioners departed from the Place appointed, 
and their Mathematicians went forthwith to Maryland. 

Upon the Return of the Maryland Commissioners, and Re- 
presentation of the Matters aforesaid to the Lord Proprietary 

of Maryland, his Lordship by Letter dated the Da3' of 

acquainted the Governor of Pensilvania, one of the Commis- 
sioners of Pensilvania, to the Effect following (viz.) that his 
Arrival in the Province of Maryland afforded him an Opportu- 
nity of taking more than ordinary Care that his Commis- 
sioners, in Compliance with the Methods proposed between 
Messieurs Penns and himself, should be very punctual in 
meeting the Commissioners of Pensilvania at Newcastle the 
First of that Instant, pursuant to the Adjou rnment jointly 
made by the Commissioners on both Sides the 3d of last No- 
vember; for this purpose he thought fit to nominate a new 
Commissioner, to supply the Place of an infirm one ; and for the 
same Reason his Commissioners, notwithtanding the unusual 
Extremity of the present Season, and the Distance of the Place, 
were so assiduous in the Journeys as for some of them to arrive 
at Newcastle, many Days, and all of them, before the Day ap- 
pointed : That this Behaviour, on one Part, might justly chal. 
lenge the same strict Observance from the Commissioners of 
Pensilvania, and he should still have depended on their unwil- 
lingness of being guilty of any Infraction if, on the sudden Re- 



170 PENNSYLVANIA AND MARYLAND 

turn of his Commissioners, he had not been informed that the 
Coinmissioners of Pensilvania so little observed the Adjourn- 
ment made by the Commissioners on both Sides, of their Meet 
ing at Ten o'Clock on Saturday the 3d Instant in the Morning, 
pursuant to their accustomed way of Proceeding, as that not 
only one of them left the Place of Meeting, abruptly, at the very 
Instant his Commissoners desired to proceed on Business, where- 
by there was not a sufficient Number present: But also, that 
the others (though sent for, and repeated Declarations made by 
his Commissioners of breaking up the Meeting for their Non 
Attendance) seemed wilfully, and obstinately, to neglect attend, 
ing that Morning, which ended the Appointment made by the 
joint Commissioners on Friday the 2d Instant in the Afternoon ; 
that he foi'bore to mention many other Circumstances, reported 
to him by his Commissioners, and which too plainly shewed 
a Design in the Commissioners of Pensilvania to violate the 
Measures entered into in that particular; that, was he inclin- 
able to make a strict Use of this failure, nay voluntary one, 
on the Side of the Pensilvania Commissioners, he might not 
only disregard any further Notice, but intitle himself imme- 
diately to the Forfeiture incurred by the Failure of the Com- 
missioners of Pensilvania; but he thought himself not a little 
fortunate by his being in his Province at that Juncture, that 
he might have an Opportunity of doing, in that Affair, what 
his Commissioners, perhaps, could not reconcile to themselves 
the Liberty of, which was to recede, in some measure, from the 
Advantage he might claim from the Proceedings of the Com- 
missioners of Pensilvania : Upon this Account he was willing, 
and did then offer, and had accordingly given Directions to 
his Commissioners, that they should meet the Commissioners 
of Pensilvania, on the First Monday in May then next, at the 
Town of Joppa, in Baltimore County, in the Province of Mary- 
land ; but, with this Salvo, of all the Right, Benefit and Ad- 
vantage, he might claim from the Non-Attendance or Failure 
of the Pensilvania Commissioners on the 3d Instant in the 
Morning, according to the then last Adjournment : That he 
thought himself obliged to name the Place at Joppa, not only 
because Commissioners had attended, twice, at Newcastle, but 
also, by Reason of a Behaviour of the Pensilvania Commission- 
ers, to some of his at Newcastle, which, possibly, without hav- 
ing the Command over the Inhabitants, would never have been 
attempted; and, to prevent any Apprehension of the like Con- 
duct from his Commissioners, he assured him he should give 
a strict Charge to the contrary. 
1733, Mar. 28. 
After which, the Commissioners of Pensilvania sent to the 



BOUNDARY QUESTION. 177 

Commissioners of Maryland the following Letter (viz.) Gentle- 
men, Five of us, the under-written Commissioners, appointed 
by virtue of a Commission from the Honourable the Proprie- 
taries of Pensilvania, for executing certain Articles of Agree- 
ment concluded betweeen them and the Right Honourable 
Charles Lord Baltimore, Proprietor of the Province of Mary- 
land, touching the Limits of the said Provinces and Counties 
of Newcastle, Kent and Sussex, on Delaware, having met the 
like Number of you, the Commissioners appointed by the said 
Lord Baltimore, at Newcastle, on the 1st Day of February last, 
pursuant to our former joint Adjournment, and continued to- 
gether till the 3d Day of the same Month, when, from a pretended 
Failure, by reason of a Quorum of us not appearing at the pre- 
cise Hour in the Forenoon of that Day to which we stood ad- 
jurned, you thought fit to withdraw yourselves from the Court- 
House of the said Town of Newcastle, the Place of our Meet- 
ing; and, notwithstanding you and we met together, several 
times afterwards, in the same Day, yet, insisting upon that 
supposed Failure, you refused, as Commissioners, to join with 
us in the Execution of our respective Commissioners, by which 
Refusal we were obliged to serve you with notice to meet us 
the same Evening at Six o'Clock, at the Court-House of 
Newcastle aforesaid, which you neglecting to do, we, the same 
Evening, served a Quorum of you, access being desired us to 
others of your Number, with notice to meet us, at the Place 
aforesaid, on Monday the 5th Day of the said Month; which, 
likewise, you thought fit so little to regard, that, leaving New- 
castle the Day before, you, again, neglected to meet us at the 
Time and Place by the said Notices appointed; but we, the 
underwritten Commissioners, notwithstanding the Disregard 
shewn to our former Notices, being still willing to proceed on 
the Business which now lies before the Commissioners jointly 
(viz.) the Execution of the second Article of the said Agree- 
ment, which follow in these Words, that there shall be the 
said Circle, mentioned in the said Charter for Pensilvania j 
and Deed of Bargain and Sale or Feoffment of Newcastle (or so 
much thereof as is requisite) drawn and marked out at the 12 
Miles Distance from the Town of Newcastle (which 12 Miles 
shall be 12 English Statute Miles) do hereby give you, and each 
of you, notice, that we, or a sufficient Quorum of us will attend, 
at the said Town of Newcastle, on Delaware, which, by the joint 
Consent of the Commissioners on both Sides, hath been acknow- 
ledged to be the only Place proper for Beginning the Business 
immediately before us, on the 16th Day of April next ensuing, 
12- Vol. XV. 



178 PENNSYLVANIA AND MARYLAND 

there to meet and join with you agreeable to the Directions of 
our respective Commissions, in proceeding to draw and mark out 
the said Circle accordingly : Given under our Hands, at Phila- 
delphia, the 28th Day of March 1733. 

By the Return of the Messenger, who brought the above Let- 
ter, Maryland Commissioners sent to the Pensilvania Commis- 
sioners the following Notice (viz.) 
April 3. 

Gentlemen, we the under written Commissioners, appointed 
by virtue of a Commission from the Right Honourable the 
Lord Proprietary of Maryland, for executing certain Articles 
of Agreement between his Lordship and the Proprietaries of 
Pensilvania, met Five of you the Commissioners, appointed by 
the said Proprietaries of Pensilvania, at Newcastle, on the 1st 
Day of February last, pursuant to a former joint Adjournment 
of the Commssioners on both Sides, and continued together till 
the 3d Day of the same Month ; when, contrary to that Readiness 
andDispatch which might reasonably be expected from the Com- 
missioners of Pensilvania, you the said Five Commissioners, 
then in the ToAvn of Newcastle, not only neglected, but even, 
after repeated Instances made by us to two of you to procure a 
Number or Quorum of you the Commissioners sufficient to pro- 
ceed in the Matter then before us, persevered in not meeting us 
according to the aforesaid Adjournment, in order to proceed 
to Business, although we were in the Room of the Court House 
until almost One of the Clock, which was between two or three 
Hours after the Hour appointed; this Failure, which seemed to 
be designedly made, justly gave us reason to be assured his 
Lordship the Lord Proprietary of Maryland might claim the 
Forfeiture : Upon Report to his Lordship of our Transaction, 
and Behaviour of the Pensilvania Commissioners towards us, 
although his Lordship was well satisfied with his Right to the 
Forfeiture, yet, to give you, Gentlemen, once more, an Oppor- 
tunity of complying with the Execution of the Agreement, his 
Lordship was pleased (under a Reservation of his Benefit to 
the Penalty) to offer, by a Letter dated February the 15th, to 
his Honour the Governor of Pensilvania, a Meeting between 
his Commissioners and you, Gentlemen, Commissioners of Pen- 
silvania, to be had, on the First Monday of May next, at the 
Town of Joppa, in Baltimore County, which we have Direction 
from his Lordship still to observe, and we, or a Quorum of us, 
shall punctually attend at that Time and Place. We presume 
his Lordship had good Reasons for the Appointment of that 
Place, besides that which we now observe of no necessity of 
meeting at Newcastle, rather than any other Place, before the 
Differences in our Opinions and Judgments were adjusted. 



BOUNDARY QUESTION. 179 

Given under our Hands at Annapolis, this 3d Day of April 1733. 
1733, May 7. 

On Monday the 7th Day of May 1733 the following Commis- 
sioners, on the Behalf of the Lord Proprietary of Maryland 
(viz.) the Honourable Samuel Ogle, Esq; Benjamin Tasker and 
Edmund Jennings, Esqs; pursuant to their Appointment, met 
at the Town of Joppa,in Baltimore County, in the Provinae of 
Maryland, the following Commissioners, on the Behalf of the 
Proprietaries of Pensilvania (viz.) Isaac Norris, Andrew Hamil- 
ton, Samuel Preston, Robert Charles and James Steele, Esqs; 

At which Meeting the Commissioners of Maryland observed, 
that a Gentleman, who was not appointed a Commissioner, 
was present; but the Commissioners of Pensilvania informing 
the Commissioners of Maryland that that Gentleman was a Pen- 
vanian, the Commissioners of Maryland thought it reasonable 
that another Gentleman of Maryland might also be present; 
which being agreed to by the Commissioners of Pensilvania, 
Mr. John Beal, of the City of Annapolis, was called in, who, 
together with the Pensilvania Gentleman, named Jeremiah 
Langhorn, were present at the Debates of the aforesaid Com- 
missioners at that Meeting. 

Then the Commissioners of Maryland proceeded to take 
notice of the last Default of the Commissioners of Pensilvania 
attending at the Town of Newcastle on the Day of Febru- 

ary 1732, persuant to the joint Adjournment ; which the Com- 
missioners of Pensilvania endeavoured to excuse. The Com- 
missioners of Maryland then mentioned the Difference and 
Doubts, which had arose, in the Judgments of the Commis- 
sioners on both sides, relating to the Intention of the Pro- 
prietaries, and Interpretation of the second Article, and de- 
sired to know if they, the Commissioners of Pensilvania, had in- 
formed themselves with any Arguments, or provided any Opin- 
ions of Mathematicions, to satisfy the Commissioners of Mary- 
land they had put a wrong Interpretation on that Article? 
To which the Commissioners of Pensilvania answered, they 
had no Occasion for any Opinion of Mathematicians, but they 
were to proceed, as they were directed by the Words of the Ar- 
ticle; The Commissioners of Maryland urged, that the Article 
principally regarded the Circle mentioned in the Deed of Feoff- 
ment, and that the Words order that Circle to be run out ; that 
another part of the Article directs the Circle to be run out to 
be at 12 miles Distance from Newcastle ; and, therefore, the Com- 
missioners of Maryland conceived, and so informed the Com- 
missioners of Pensilvana, that, if the Circle in the Deed of 
Feoffment should prove a Circle of different Dimensions or Di- 
ameter than those of a Circle drawn at 12 Miles Distance from 



180 PENNSYLVANIA AND MARYLAND 

Newcastle, one of these Consequences must follow ; either that 
the Part of the second Article which directs the Circle in the 
Deed of Feoffment to be run must be rejected, or, that the Part 
of that second Article which directs the Circle of 12 Miles Dis- 
tance from Newcastle must be rejected, or, that the whole Ar- 
ticle must be set aside, as not capable of being executed by 
reason of the contradiction : The Maryland Commissioners 
further represented to the Commissioners of Pensilvania, that 
it was not reasonable to reject the Words which directs the 
Circle mentioned in the Deed of Feoffment to be run, because 
that Deed was the only Foundation (if any) of Mess. Penns 
Right to Newcastle, and consequently, the principal intention 
of the Proprietaries in the Agreement was confined to that Cir- 
cle or Right, and not to any other whatever. To this the Com- 
missioners of Pensilvania answered, that they thought the Di- 
rection of a Circle of 12 Miles Distance from Newcastle obliged 
them to run that Circle, and no other, and that the Proprie- 
taries so understood it. 

Therefore the Maryland Commissioners, in order to know cer- 
tainly whether the Pensilvania Commissioners would agree 
to any reasonable and feazible Construction of the second Ar- 
ticle, and bv that Means enable the Commissioners to proceed 
to an Execution, proposed the following Question (viz. ) Whether 
the Commissioners on the Part of Pensilvania will run out any 
other Circle about the Town of Newcastle, than a Circle of 12 
Miles Distance from the Town of Newcastle? 

To which the Commissioners of Pensilvania returned, in 
Writing, the following Answer (viz.) By the Articles of Agree- 
ment, between the Proprietaries of Pensilvania and Counties 
of Newcastle, Kent and Sussex, on Delaware, on the one part, 
and the Lord Baltimore, Proprietary of Maryland, on the other 
Part, it is injoined that there shall be the said Circle mentioned 
in the Charter of Pensilvania and Deed of Bargain and Sale, 
or Feoffment, of Newcastle (for so much thereof as is requisite) 
drawn and marked out at the 12 Miles Distance from the town 
of Newcastle, which 12 Miles shall be 12 English Statute Miles : 
Therefore, in Answer to the above Question, we, the Commis- 
sioners of Pensilvania, do say, that we are ready, and offer our- 
selves, to run out the said Circle, mentioned in the said Charter 
of Pensilvania and Deed of Bargain and Sale, or Feoffment, of 
the Town of Newcastle, at the Distance of 12 Miles from the 
said Town of Newcastle, according to the said Articles of Agree- 
ment, and we do not conceive we are directed to run any other 
Circle than the said Circle mentioned in the Articles aforesaid. 

This Answer the Maryland Commissioners looked upon as 
evasive, and designed to avoid any Agreement with the Commis- 



BOUNDARY QUESTION. 181 

sioners of Maryland, since the Commissioners of Maryland, by 
that Answer, were not capable of judging what sort of a Circle 
the Commissioners of Pensilvania would have run about New- 
castle, in case any Difference should be between the Circle in 
the Deed of Feoffment, and the Circl3 of 13 Miles from New- 
castle. 

After which the Commissioners of Pensilvania proposed to 
the Commissioners of Maryland the following Question (viz.) 
By the Articles of Agreement made and concluded between the 
Proprietaries of Pensilvania and the Counties of Newcastle, 
Kent and Sussex, on Delaware, on the one Part, and the Lord 
Proprietary of Maryland on the other Part, it is agreed that 
there shall be the said Circle, mentioned in the Charter for 
Pensilvania and Deed of Bargain and Sale, or Feoffment, of 
Newcastle, or so much thereof as is requisite, drawn and 
marked out at the Distance of 12 Miles from the Town of New- 
castle, which 12 Miles shall be 12 English Statute Miles : Where- 
upon we, the Commissioners of Pensilvania, do require you, 
the Commissioners of Maryland, as we have long and frequently 
done, to join with us in drawing and marking out the said 
Circle, at the Distance of 12 Miles from the Town of Newcastle 
as by the said Articles is agreed and directed, and then to pro- 
ceed to the running, marking and laying out the other Lines 
in the said Articles directed and agreed to be run, marked and 
laid out, as in that Agreement is directed to be done, and, if 
you refuse to do, we desire you will satisfy us why you will not? 

To which the Commissioners of Maryland returned, in Writ- 
ing, the following Answer (viz.) In Answer to the above Ques- 
cition, We, the Commissioners of Maryland, say, that the prin- 
pal Intentions and Directions of the Proprietaries in the second 
Article appear, by the whole Tenor of the Agreement, and Com- 
mission to us directed, to be, that no other Circle than the Circle 
mentioned, described in the Deed of Bargain and Sale, or Feoff- 
ment, of Newcastle, or so much thereof as is requisite, shall be 
drawn and marked out : This Circle, so mentioned and de- 
scribed in the said Deed of Bargain and Sale, or Feoffment, we, 
the said Commissioners of Maryland, have never refused to 
draw and mark out, but do desire you, the Commissioners of 
Pensilvania, to agree with us in drawing out the said Circle, 
so mentioned and described, or so much thereof as is requisite : 
And we, the aforesaid Commissioners of Maryland, further say, 
that we are ready, and willing to proceed to Cape Hinlopen, 
in Order to draw a due East and West Line a-cross the Penin- 
sula, as directed by the third Article. 

After which, the Commissioners of Maryland delivered, to 
the Commissioners of Pensilvania, a Proposal in the following 



182 PENNSYLVANIA AND MARYLAND 

Words, (viz.) We the Commissioners of Maryland, offer and 
propose, to the Commissioners of Pensilvania, to run out a 
Circle whose Circumference is 12 Miles about Newcastle, for 
that the Commissioners of Maryland are informed, and con- 
vinced, by the Mathematicians (with whom they have advised) 
that the Circle described and mentioned in the Deeds of Bargain 
and Sale, or Feoffment, about Newcastle, can denote or 
mean no other than such a Circle whose Circumference is 12 
Miles, and the Commissioners of Maryland further offer, to 
the Commissioners of Pensilvania, to hear any Arguments, 
or receive any Information, from other Mathematicians, in 
case the Commissioners of Pensilvania differ from the Com- 
missioners of Maryland in Judgment aoout the said Circle. 

To which the Commissioners of Pensilvania returned the 
following Answer, (viz.) In Answer to the above Proposition 
We, the Commissioners of Pensilvania, do say, that the Duty 
required of the Commissioners of either Side is to run, mark 
and lay out the said Part of a Circle, and the said Lines, pur- 
suant to the Articles of Agreement, and when so run and marked, 
to return such a Plan and Survey as by the said Articles is 
directed, and that we are fully convinced a Circle, whose Cir- 
cumference is only 12 Miles about the Town of Newcastle, is 
not the Circle we are directed to run by the said Articles, and 
we are also fully satisfied that the Circle mentioned in the 
Charter for Pensilvania and Deed of Bargain and Sale, or 
Feoffment of Newastle, directed to be run by the Articles afore- 
said, is a Circle whose Radius is 12 Miles, and this is so plainly 
expressed by the Proprietaries, on both Sides, in the said Ar- 
ticles, to be a Circle to be drawn at the Distance of 12 Miles from 
the said Town of Newcastle, that we, the Commissioners of 
Pensilvania, do conceive ourselves Warranted by the said 
Articles so run such a Circle only, which we are now ready and 
willing to do ; And we further conceive that, as we have no 
need, so we have no Authority, to refer the Construction of 
the Circle, mentioned in the said Charter, Deed of Feoffment, 
and Articles of Agreement, to any Persons whatsoever. 
May 9. 

Then the Commissioners, on both Sides, entered into this 
following Agreement, (viz.) Joppa, May the 9th 1733. This 
Day it is agreed, by the Commissioners on both Sides, that 
they, or a Quorum of each, shall meet, at the House of Isaac 
Norris jun., in Philadelphia, the 21st Day of this Instant May, 
with this Proviso that, if the Commissioners on the Part of 
Maryland cannot with Conveniency, return from Burlington, 
so as to meet on that Day, then and in such Case, the Commis- 
sioners of Pensilvania agree that, upon Notice given them, by 



BOUNDARY QUESTION. 183 

the Commissioner of Maryland, ol' a Day to meet, at the Place 
aforesaid, before their return to Maryland, the Commissioners 
on the Part of Pensilvania,or a Quorum of them, will meet those 
of Maryland, uv a Quorum of them, at the Place aforesaid, on 
the Day that shall be so appointed. And it is further agreed 
that, if it shall so happen that, after the Meeting and Stay 
of the Commissioners of Maryland in Philadelphia, with the 
Commissioners of Pensilvania, or a Quorum of them, will 
meet those of Maryland, or a Quorum of them, at the Place 
aforesaid, on the Day that shall be so appointed ; And it is 
further agreed that, if it shall so happen that, after the Meeting 
and Stay of the Commissioners of Maryland in Philadelphia 
with the Commissioners of Pensilvania one Day, they cannot 
readily agree upon an Adjournment, that then, the Commis 
sionersof Maryland shall not be longer detained from returning 
to their respective Homes, they accepting of a Notice in Writ- 
ing, to be delivered to any one of their Commissioners, to meet 
those of Pensilvania at the House of Andrew Peterson in the 
County of Newcastle, on Delaware, the 18th Day of June next 
ensuing, in order to the running and marking out the Lines 
according to the Articles of Agreement. 
May 25. 

The Commissioners of Maryland not returning from Burling- 
ton, so as to meet on the 21st Day of May according to the said 
Agreement, did, on or about the 25th of May, send the follow- 
ing Notice to the Commissioners of Pensilvania, viz. 

Gentlemen, We, the Subscribers, Commissioners appointed 
by the Right Honourable the Lord Proprietary, having not 
been able, with Conveniency. to return from Burlington, so as 
to meet you, the Commissioners appointed by the Honourable 
the Proprietaries of Pensilvania, on the 21st Day of this Instant 
May, do, pursuant to an Agreement made at Joppa the 9th of 
this Instant May, hereby give you Notice that We, or a Quorum 
of Us, will meet you, or a Quorum of you, at the House of Mr. 
Isaac Norris, jun.,in this City of Philadelphia, on To-morrow, 
being Saturday the 26th Instant May, about 10 o'Clock in 
the Morning. 

At which Time and Place a Quorum of the Commissioners, 
on both Sides, being met, the following Agreement for a further 
Adjournment was made, (viz.) 
May 26. 

A Quorum of the Commissioners, on both Sides, being this 
26th Day of May 1733 met, at the House of Isaac Norris, jun. , in 
Philadelphia, upon a Notice from the Commissioners on the 
Part of Maryland, to those on the Part of Pensilvania, in pur- 
suance of an Agreement made the 9th Day of this Instant at 



184 PENNSYLVANIA AND MARYLAND 

Joppa in the Province of Maryland, and it being represented, 
by the Commissioners on the Part of Maryland, that the Lord 
Baltimore, being in some short time about to depart this Pro. 
vince of Maryland and to return to Great Britain, it will ba 
a great Inconvenieney for them to meet in the Month of June, 
according to the former Agreement, for the Purposes mentioned 
in their respective Commissions, and it being further considered 
that the Months of July and August are very hot, and for that 
Reason render the running of Lines very troublesome and un- 
safe at this Season of the Year, the Commissioners, on the Part 
of Pensilvania, on the Considerations aforesaid, do, therefore, 
agree with those of Maryland to meet, at the Town of New- 
castle, on Delaware, on the 3d Day of September next, in order 
to the running and marking out the Lines according to the Ar 
tides of Agreement. Dated at Philadelphia the 26th Day of 
May 1733. 
Sept. 3. 

Newcastle, September the 3d 1733. Whereas the Commission- 
ers appointed, as well on the Part of the Proprietors of Pen. 
silvania, as on the Part of the Lord Proprietor of Maryland, 
for running, marking, laying out the Lines, Limits, and Bounds 
of the said Provinces, &c. , in pursuance of Articles of Agreement 
mutually concluded between the said Proprietors, having, for 
the Conveniency of the Gentlemen, Commissioners of Maryland, 
then attending the Lord Baltimore, met at Philadelphia the 
26th of May last, did, then, adjourn to this Instant the 3d of 
September, at Newcastle, in Order to the running and marking 
out the Lines according to the Articles aforesaid, and a Quorum 
of the said Commissioners, on both Parts, being now met at 
Newcastle, in pursuance of the said Adjournment, the Commis- 
sioners on the Part of Pensilvania do now acquaint those of 
Maryland that they are ready, with their Artists, to proceed 
immediately to the running and marking out the Circle men- 
tioned in the Charter for Pensilvania, and Deed of Bargain, 
and Sale, or Feoffment, of Newcastle, at the Distance of 12 Miles 
from the said Town of Newcastle, as the first thing directed to 
be done by the Articles aforesaid, concluded between the Pro- 
prietaries of the said respective Provinces; and, as a great Part 
of the Term, appointed for executing the said Articles pursuant 
to our respective Commissions, is now elapsed, without any 
Progress made therein, the said Commissioners of Pensilvania 
do earnestly desire and press the Commissioners of Maryland 
to join with them in the said Work, that no more time may be 
lost. Isaac Norris, Sam. Preston, J. Logan, A. Hamilton, 
James Steele, Robert Charles. 
Sept. 4. 



BOUNDARY QUESTION. 185 

Newcastle the 4th of September 1733. Whereas the Commis- 
sioners appointed, as well on the Part of the said Lord Pro- 
prietary of Maryland, as on the Part of the Proprietors of Pen- 
si lvania, for running, marking, and laying out the Lines, Limits 
and Bounds of the said Provinces, &c. , in pursuance of Articles 
of Agreement mutually concluded between the said Proprie- 
taries, having, for the mutual and joint Conveniency of both the 
said Commissioners, met at Philadelphia the 26th Day cf May 
last, did then adjourn to the 3d of this Instant September, at 
Newcastle, in order to the running and marking out the Lines 
according to the Articles aforesaid, at which Time and Place, 
in pursuance of the said Adjournment, a Quorum of the said 
Commissioners on the Part of Maryland, and a Quorum of the 
Commissioners on the Part of Pensilvania, being met, and the 
Commissioners on the Part of Pensilvania having then delivered 
to the Commissioners on the Part of Maryland a Paper, in 
Writing, signed by the said Commissioners on the Part of Pensil- 
vania, they the said Commissioners of Maryland, in Answer to 
the same Paper, do say, that the Commissioners of Maryland 
have frequently acquainted the Commissioners on the Part 
of Pensilvania, and do now repeat the same, that they the said 
Commissioners on the Part of Maryland do conceive the prin- 
cipal intentions and Directions of the proprietaries in the second 
Article appear, by the whole Tenor of the Agreement and Com- 
mission, to be, that no other Circle than the Circle mentioned 
and described ; n the Deed of Bargain and Sale, or Feoffment of 
Newcastle, or so much thereof as is requisite, should be drawn 
and marked out, and that they are informed and convinced, 
by Mathematicians, that such Circle described and mentioned 
in the said Deeds of Bargain and Sale, or Feoffment about 
Newcastle, can denote or mean no other than such a Circle 
whose Circumference or Periphery is 12 Miles, and whose Di- 
ameter is somewhat less then four Miles, and which Circle, of 
the said Dimensions, whose Circumference or Periphery is 12 
Miles, the said Commissioners on the Part of Maryland do ac- 
quaint the Commissioners on the Part of Pensilvania that they 
are ready to proceed to the running and marking out, in any 
manner the Commissioners on the Part of Maryland think 
themselves authorized to proceed, if the Commissioners on the 
Part of Pensilvania will agree with the Commissioners on the 
Part of Maryland to run and mark out such Circle whose Cir- 
cumference or Periphery is 12 Miles; and the Commissioners 
on the Part of Maryland, by Reason so great part of the time 
for executing the said Articles is elapsed, do earnestly desire 
and press the Commissioners of Pensilvania to agree with them 
to run the Circle whose Circumference or Periphery is 12 Miles, 



186 PENNSYLVANIA AND MARYLAND 

in such manner as their Authority directs, that no more time 
may be lost. The Original, whereof this is a Copy, was received 
by us, Isaac Norris, Sam. Preston, J. Logan, A. Hamilton 
James Steele, Robert Charles, M. Howard, M. T. Ward, Edm 
Jennings, James Harris, J. Ross. 
Sept. 4. 

Newcastle, September the 4th, 1733. The Commissioners on 
the Part of Pensilvania having, this Day, received the Answer 
of those of Maryland, to the Paper delivered by the former, at 
a Meeting of the Commissioners Yesterday, in which Answer 
the Commissioners of Maryland do al ledge that they have fre- 
quently acquainted the Commissioners on the Part of Pensil- 
vania; and do now repeat the same, that they, the Commis- 
sioners on the Part of Maryland, do conceive the principal In- 
tentions and Directions of the Proprietaries in the second Ar- 
ticle appear, by the whole Tenor of the Agreement and Com- 
mission, to be that no other Circle than the Circle mentioned 
and described in the Deed of Bargain and Sale or Feoffment of 
Newcastle, or so much thereof as is requisite, should be drawn 
and marked out, and that they are informed and convinced by 
Mathematicians that such Circle, described and mentioned in 
the said Deeds of Bargain and Sale, or Feoffment, about New- 
castle, can denote or mean no other than such a Circle whose 
Circumference or Periphery is 12 Miles, and whose Diameter is 
somewhat less than four Miles, the Commissioners on the Part 
of Pensilvania conceive they cannot give a more proper or 
effectual Answer, than to the said Allegation of the Commis- 
sioners of Maryland, of their having frequently acquainted those 
of Pensilvania with their Sentiments as aforesaid, than by ex- 
hibiting a Copy of the Paper or Answer which they had pre- 
pared on the 3d of February last, at this Town of Newcastle, 
and delivered the same into the Hands of Governor Ogle, who 
then thought not fit to accept of it, a Copy whereof is now 
again delivered. Now the Commissioners on the Part of Pen- 
silvania are firmly of Opinion that, when the Arguments, ad- 
vanced in the said Paper are only considered, together with the 
express Words of our respective Commissions, it will be next to 
an impossibility to conceive that the principal Intentions and 
Directions of the Proprietaries in the second Article of the 
Agreement can be other than a Circle to be drawn at the Dist- 
ance of 12 Miles from Newcastle ; and whereas the Commissioners 
of Maryland seem to depend on the Opinion of Mathematicians, 
by whom (they say) they are convinced that the Circle described 
and mentioned in the Deeds of Feoffment about Newcastle can 
denote or mean no other than such a Circle whose Circumfer- 
ence or Periphery is 12 Miles, and whose Diameter is somewhat 



BOUNDARY QUESTION. 187 

less than four Miles, the Commissioners of Pensilvania, in the 
first Place, say that the Circle mentioned in the Letters Patent, 
Deeds, Articles, and Commissions, is so clearly and fully describ- 
ed and explained that they cannot conceive there can be the least 
room left to consult Mathematicians thereupon, yet, to give 
their Sentiments, un the Opinion of some Mathematicians offered 
them, they say they cannot find, on any Enquiry they are 
capable of making, that the Matter in Controversy can, by any 
means, fall under the Cognizance of Mathematicians, as such, 
for that they had been assured a Circle comes no otherwise 
under the Notice of a Geometer, or a Mathematician, than 
as he considers the Property of it, but no Property of a 
Circle, otherwise than as it is barely a round Figure, is in the 
present Case to be considered, and therefore, it appears to the 
said Commissioners entirely out of the way of such Artists to 
determine anything, or give any Opinion concerning the Cir- 
cle now under Dispute: It appears indeed that in Euclid's Ele- 
ments (a Book of such Authority as, it is said, no Mathema- 
tician will, or can Dispute) the Definition of a Circle is given 
in the Sense it is used in Geometry, viz. 

That it is a plain Figure, termined or comprehended by one 
Line which is called the Circumference, to which Circumference 
all strait Lines drawn from one Point within the same are equal 
to each other, and that this Point is called the Center, which 
so very plainly shews the Difference between a Circle and its Cir- 
cumference, that it appears strange to us, the Commissioners of 
Maryland would insist upon Reasons so ill grounded, but, from 
whence, it is plain from (to) the Commissioners of Pensilvania, 
that the Point in hand is entirely foreign to all Mathematical 
Enquiries, and it is equally evident, that the Sense of the Words 
under Dispute is to be taken only from the common Sense of 
Mankind, who understand the English Tongue, what is intended 
by the Words, within 12 Miles of a Place, or within the Compass 
of 12 Miles about a Place, is clearly understood by all English- 
men : Nor does the Addition of the Word. Circle, after the Word, 
Compass, make any manner of Alteration, for they manifestly 
mean the same Thing, and the Addition was most proper in 
this Place, because a Circle, drawn at the Distance of 12 Miles 
from Newcastle, the same with the Circle granted in the Deed, 
is made, in Part, the Southern Boundary of the Province of 
Pensilvania, by the King's Letters Patents, which were prior in 
Date to the Deed of Feoffment : The Commissioners for Pensil- 
vania further say, that were it possible for them, contrary to 
plain and common Sense, to be prevailed on to agree in running a 
Circle of about Four Miles Diameter only, the Commissioners 
for Maryland cannot but be sensible their Work would be in 



188 PENNSYLVANIA AND MARYLAND 

itself entirely void, as it would be directly contrary to the ex- 
press Words and Direction of their Commission, from which, 
alone, they can derive any Power or Authority to run any Circle 
at all. Isaac Norris, Sam. Preston, J. Logan, A. Hamilton, 
J. Steele, Rob. Charles. 

A Copy of the Pensilvania Paper tendred 3 Feb. 1732, and now 
again delivered 4 Sept. 1733. 

The Commissioners on the Part of Maryland having made 
two Objections against running the Circle, or Part of a Circle, 
about the Town of Newcastle, as directed by the Agreement 
made between the Proprietors of Pensilvania and Maryland. — 
First, For that there being no Center, fixed or agreed upon by 
the said Proprietors, from whence the said Circle shall be drawn, 
they conceive they have no Power to make a Center, and, there- 
fore, are not warranted by their Commissioners to run the said 
Circle. Secondly, For that the Deed of Bargain and Sale or 
Feoffment from the late Duke of York to the late William Penn 
Esq ; the Elder, for the Town of Newcastle, and the Lands about 
the same, being expressed in these Words, to wit, " All that the 
"Town of Newcastle, otherwise called Delaware, and all that 
" Tract of Land, lying within the Compass or Circle of 12 Miles 
"about the same, situate, lying, and being, upon the River Dela- 
" ware, in America," the said Commissioners for Maryland do ob- 
ject that the Circumference, or Periphery, of that Circle is to be 
but 12 Miles, which, they say, will make a Diameter scarce four 
Miles, or, at most, it will but make a Diameter of 12 Miles, so that 
the Radius of the Circle, to be run by the present Agreement 
about the Town of Newcastle, will be but six Miles at most,and 
that, the Words in the Article of Agreement and Commissions, 
which direct that the Circle shall be at the Distance of 12 Eng- 
lish Statute Miles from the Town of Newcastle, are either super- 
fluous, or are contradictory to the Description in the Deed of 
Feoffment, and therefore void in themselves : To which Objec- 
tion the Commissioners, on the Part of Pensilvania, answer, 
That they conceive the Commissioners on both Sides be impow- 
ered or directed by their Commissions, in pursuance and in 
Part Performance of the said Articles of Agreement, to draw 
and mark out the said Circle mentioned in the Charter of Pen- 
silvania and Deed of Bargain and Sale, or Feoffment, of New- 
castle, or so much thereof as should be requisite, at 12 Miles 
Distance from the Town of Newcastle, which 12 Miles shall be 
12 English Statute Miles, and to do every thing necessary for the 
running the same accordingly ; and that the Words in the said 
Deed, as well as the Words in the said Articles of Agreement! 
and the several Commissions from the respective Proprietors to 



BOUNDARY QUESTION. 189 

the Commissioners, contain such a certainty as will well war- 
rant the Commissioners to proceed in drawing and marking 
out the said Circle, or so much thereof as shall be thought re- 
quisite : As to the second Objection, the Commissioners of 
Pensilvania are of Opinion, that it is not from the Words of 
the before-mentioned Deeds only, that the Radius of the said 
Circle is to be judged of, or measured, but, likewise, from the 
Charter of Pensilvania, and the Grant of the late Duke of York 
to William Penn Esq; the Elder, for that Tract of Land upon 
Delaware River and Bay. now called by the Names of Sussex, 
Kent, and Part of Newcastle County; and, if any doubt could 
arise upon the Words of the before Deed of Bargain and Sale 
for the Town of Newcastle, concerning the Radius of the Circle 
of 12 Miles about the said Town, we conceive it is fully ex- 
plained, cleared up, and reduced to a certainty, by the afore- 
said Charter and Deeds ; for, it is to be observed, that as the 
Town of Newcastle and the 12 Miles around the same, was 
originally appropriated, by the said late Duke of York, for 
certain purposes, before he granted the same to the said AVil- 
liam Penn ; so King Charles the Second, when he granted the 
Province of Pensilvania, took care not to encroach upon that 
Circle, but begins the Bounds of the said Province from 12 
Miles Distance Northward of Newcastle Town : Thus, by the 
Kinsr's Grant of the Province of Pensilvania,, we see, that he 
understood the Periphery or Circumference of the Circle about 
the Town of Newcastle to be 12 Miles distant from the same : 
It is further observable that, by the Grant of the said late Duke 
of York to the said late William Penn, the Elder, of that Tract 
of Land now containing Sussex, Kent, and Part of Newcastle 
County, the said Duke, who was, at the Time of making the 
said Grant, Owner of both the said Town of Newcastle, and the 
12 Miles round the same, and also of the said Tract of Land 
lying on the River and Bay of Delaware, understood the Cir- 
cumference of the said Circle to be at the Distance of 12 Miles 
from the Town of Newcastle, and accordingly describes the 
Bounds of the said Tract of Land, as lying on Delaware River 
and Bay, and Beginning 12 Miles South from the Town 
of Newcastle, and extending South to Cape Hinlopen, &c. 
From all which, we conceive it most evident, that the 
Circumference of the Circle about the Town of Newcastle 
is 12 Miles distant from the same; so it appears King 
Charles the Second, who was the original Grantor, under- 
stood it when he bounded the Province of Pensilvania at 
the Distance of 12 Miles North of the Town of Newcastle, and 
the said late Duke of York, who was Owner of all the Lands 
fco the Southward of Pensilvania as far as Cape Hinlopen, and 



190 PENNSYLVANIA AND MARYLAND 

had the unquestionable Right to declare the meaning of his own 
Grant, he has declared how he understood the Extent of that 
Circle, by beginning his Grant of the Lands lying on Delaware, 
and to the Southward of the said Town of Newcastle, at 12 
Miles distant from the same; but, were it possible, after Con- 
sideration had of said Charter and Deeds, for any Person to 
be in doubt about the Extent of the said Circle, or Part of the 
Circle, now to be marked out by the Commissioners, we, on the 
Part of Pensilvania, are clearly of Opinion, that the Proprietors 
of both Provinces, who are the sole Owners of all the Lands 
lying between the Bay of Chesopeak and the River Sassquahan- 
nah to the Westward, and the Bay and River of Delaware to 
the Eastward, have, as they had an undoubted Right to do, 
in most full and express Terms, removed that Doubt, by the 
second Article of their Agreement; where tbey say that there 
shall be the said Circle mentioned in the said Charter for Pen- 
silvania and Deed of Bargain and Sale or Feoffment of New- 
castle, or so much thereof as is requisite, drawn and marked 
out at the 12 Miles Distance from the Town of Newcastle, which 
12 Miles shall be 12 English Statute Miles; and as to the Objec- 
tion that so much of this Article as directs the Circle to be at 
12 Miles Distance from the Town of Newcastle is superfluous, 
or contradictory, to the Deeds of Feoffment aforesaid, and, 
therefore, void in itself, we do not conceive it deserves any 
other Answer than to say that the Article is neither superfluous, 
or contradictory, but a plain Declaration of what has always 
been understood to be meant by 12 Miles about the Town 
of Newcastle, and that the Proprietors of Maryland and Pensil- 
vania had tindoubtedly a good Right to divide their own Lands 
in such manner as they thought fit, and they have accordingly 
agreed, that the Circle about the Town of Newcastle shall 
be drawn and marked out at the Substance (Distance) of 12 
English Statute Miles from the said Town, and the Commis- 
sioners on the Part of Pensilvania are now ready, and offer 
themselves, to proceed to the drawing and marking out the 
same accordingly. Newcastle, Feb. 3. 1732. A Copy, delivered 
this 4th Sept. 1733, to the Commissioners of Maryland, by us 
Isaac Norris, Sam. Preston, J. Logan, A. Hamilton, James 
Steele, Robert Charles. Isaac Norris, Samuel Preston, A. 
Hamilton, James Steele, Robert Charles. 
Sep. 5. 

Newcastle 5th Sept. 1733. The Commissioners on the Part of 
Maryland, upon considering the Paper dated the 4th of this 
Instant, and also another Paper therein referred to, and both 
delivered the same Day to them by the Commissioners of Pen- 
silvania, do return the following Answers: First, That the 
Reasons, alledged by the Commissioners of Pensilvania, ear 



BOUNDARY QUESTION. 191 

very far from being sufficient to satisfy the Commissioners o 
Maryland, that the principal Intentions and Directions of the 
Proprietaries in the second Article appear, by the whole Tenor 
of the Agreement, to be any otherwise than that no other Circle 
than the Circle mentioned and described in the Deed o Bargain 
and Sale, or Feoffment, of Newcastle, or so much thereof as 
should be requisite, should be drawn and marked out, but, on 
the contrary, the Commissioners of Maryland conceive, that the 
Construction on the Intention of the Royal Grantors, and of 
the Parties (to) the Agreement, as well as to the References to 
such Grants which the Commissioners of Pensilvania think 
themselves obliged on this Occasion to use, in order to shew 
what was intended by such Deed of Feoffment, fully convince 
the Commissioners of Maryland, that no other Circle than the 
Circle described and mentioned in the Deed of Bargain and Sale 
of Feoffment of Newcastle, or so much thereof as may be re- 
quisite, can, or ought to be run and marked out by the Com- 
missioners of Pensilvania, as well as by the Commissioners of 
Maryland. Secondly, The Commissioners of Maryland say, 
that (without attacking the Authority of Euclid) they cannot 
but retain the former Opinion they delivered to the Commis- 
sioners of Pensilvania, viz. That the Circle, mentioned and 
described in the said Deed of Bargain and Sale, or Feoffment, 
can denote or mean no other than such a Circle whose Circum- 
ference, or Periphery, is 12 Miles, and whose Diameter is some- 
what less than four Miles, and the Commissioners of Maryland 
cannot but with the Mathematicians, with whom they had ad- 
vised, had been now in Newcastle, but whose Presence was not 
thought necessary after the Answer of the Commissioners of 
Pensilvania of the 8th of May last, to a Proposal of the Com- 
missioners of Maryland of the same Day, for the Commissioners 
of Maryland think that they could very easily make appear, that 
the Definition of a Circle in general, as quoted from Euclid, can 
have little Relation to the Description and Dimensions of the 
particular Circle mentioned in the Deed of Feoffment. The 
Commissioners of Maryland further add, that they are not ap- 
prized of the Paper, referred to, being offered, or refused by, 
the Governor of Maryland. Upon the whole, for Reasons often 
repeated, the Commissioners of Maryland are willing to run 
and mark out a Circle whose Circumference is 12 Miles, as they 
have formerly proposed, if the Commissioners of Pennsylvania 
will agree and consent thereto. M. Howard. M. T. "Ward, 
Edm. Jennings, Ja. Harris, John Ross. The Original, whereof 
this is a Copy, was delivered to us Isaac Norris, Samuel Pres- 
ton, J. Logan, A. Hamilton, James Steele, Robert Charles. 

Sept. 6. 
Newcastle, Sept. 6th, 1733. The Commissioners on the Part 



192 PENNSYLVANIA AND MARYLAND 

of Pensilvania take leave to observe, that the Commissioners 
on the Part of Maryland have, at their late Meetings, con- 
stantly insisted, that the Circle mentioned in the Dee<l of Bar- 
gain and Sale, or Feoffment, of Newcastle, is only a Circle whose 
Circumference is 12 Miles, and whose Diameter is somewhat less 
than 4 Miles, and that they are willing to run such a Circle, 
but, as the Circle under our Consideration, recited in the second 
Article of Agreement, is expressly directed to be run at the Dis" 
tance of 12 English Statute Miles from the Town of Newcastle, 
the Commissioners of Pensilvania conceive, that the Circle 
whose Radius is 12 Miles, is the only Circle the Commissioners 
of either Side are directed to run by their Commissions, from 
which alone they have any Power or Authority to run any 
Circle at all, and, therefore, they expect the Commissioners of 
Maryland will either join with them in running such a Circle, 
or directly declare they will not. Isaac Norris, Sam. Preston, 
J. Logan, A. Hamilton, James Steele, Robert Charles. 

Newcastle, Sept. 6th, 1733. The Commissioners of Maryland, 
in Answer to the Paper this Day delivered by the Commissioners 
of Pensilvania, do say, that as they are fully satisfied and con- 
vinced, that no other Circle than the Circle mentioned and de- 
scribed in the Deed of Bargain and Sale, or Feoffment, of New- 
castle was intended, by the Articles of Agreement, to be run and 
marked out, and, as the Commissioners of Maryland are also 
of Opinion, that such Circle is not a Circle of 12 Miles Radius, 
or ought to be run at the Distance of 12 English Statute Miles 
from the Town of Newcastle, the Commissioners of Marvland 
cannot agree, or join with the Commissioners of Pensilvania, 
to run and mark out a Circle at the Distance of 12 English Stat, 
ute Miles from the Town of Newcastle, or whose Radius shall 
be 12 English Statue Miles. M. Howard, M. T. Ward,Edm. Jen- 
nings, Ja. Harris, John Ross. The Original, whereof this is a 
Copy, was received by the Commissioners of Pensilvania, Isaac 
Norris, Samuel Preston, J. Logan, A. Hamilton, James Steele, 
Robert Charles. 

Newcastle, Sept. 6th, 1733. The Commissioners on the Part of 
Maryland desire to know, from the Commissioners of Pensilva- 
nia, whether they will not consent and agree with the Commis- 
sioners of Maryland to run and mark out any other Circle round 
the Town of Newcastle, than such whose Radius shall be 12 
Miles? M. Howard, M. T. Ward, Edm. Jennings, J. Harris, 
John Ross. The Original whereof this is a Copy, was received 
by us the Commissioners of Pensilvania, Isaac Norris, Sam. 
Preston, J. Logan, A. Hamilton, James Steele, Robert Charles. 

Newcastle, Sept. 6th, 1733. To the Question of the Commis- 
sioners of Maryland, proposed to us after the Delivery of ou r 
Paper this Forenoon, we Answer, that the Proprietors of the 



BOUNDARY QUESTION. 19:} 

two Provinces, &c, and Maryland, by the second Article of the 
Agreement concluded between them, having agreed and directed, 
that there shall be the Circle mentioned in the Charter for 
Pensilvania and Deed of Bargain and Sale, or Feoffment, of 
Newcastle, or so much thereof as is requisite, drawn and marked 
out, at the 12 Miles Distance from the Town of Newcastle, which 
12 Miles shall be 12 English Statute Miles, and by the Commis- 
sion granted us for executing the said Agreement, the said Circle 
mentioned in the second Article is that only we are directed 
and impowered to run, therefore, we cannot agree to run any 
other than a Circle at the Distance of 12 Miles from Newcastle, 
as in the said Article is directed. Isaac Norris, Sam. Preston, J. 
Logan, A. Hamilton, James Steee, Robert Charles. 

Newcastle, September the 6th, 1733. The Commissioners of the 
Proprietaries of Maryand and Pensilvania differing in their Sen- 
timents, about the Dimensions of the Circle directed to be run 
by the Articles of Agreement now subsisting between the said 
Proprietaries, as appears by the several Papers exchanged 
between the Commissioners on both Sides this Day, the Com- 
missioners on the Part' of Maryland insisting that the Circle 
mentioned in the Deed of Bargain and Sale, or Feoffment, of 
Newcastle, which they say is a Circle whose Circumference or 
Periphery is 12 Miles, and whose Diameter is somewhat less 
than four Miles, is the only Circle they can run, and having de- 
sired the Commissioners of Pensilvania to join with them in 
running the same, the said last mentioned Commissioners have 
refused so to do, as not being the Circle directed in the Articles 
of Agreement, and the Commissioners on the Part of Pensilva- 
nia insisting upon running a Circle at the Distance of 12 Miles 
from the Town of Newcastle, as they say they are directed by the 
said Articles of Agreement and their Commission, and having 
desired the Commissioners of Maryland to join in running such 
a Circle, they have refused to do the same, and say further that, 
forasmuch as the Commissioners on the Part of Maryland and 
Pensilvania cannot agree about the Dimensions of the Circle to 
be run in pursuance of the said Articles of Agreement, and that 
they cannot compel the Commissioners of Pensilvania to join 
with them in running a Circle whose Circumference or Periphery 
is 12 Miles, and whose Diameter is somewhat less than four 
Miles, it is to no purpose to continue here, but thai we ought 
to adjourn for further Consideration of the Premises: To 
which, the Commissioners of Pensilvania say, that they are 
fully satisfied that the Circle of 12 Miles Distance from the 
Town of Newcastle, is the only Circle they can agree to run, 
' yet, forasmuch as the Commissioners of Pensilvania cannot 
compel the Commissioners of Maryland to join with them in 
13— Vol. XV. 



104 PENNSYLVANIA AND MARYLAND 

running such a Circle, they must, at present, j ield to the Ad- 
journment proposed by the Commissioners of Maryland ; which 
Adjournment is hereby fixed for the 14th of November next; 
at which time the Commissioners agree that they, or a Quorum 
of each Side, will then attend, at Newcastle, in Discharge of 
their respective Trusts. Isaac Norris, Sam. Preston, J. Logan* 
A. Hamilton, James Steele, Robert Charles. 

Nov. 16. 

Newcastle, November the 16th 1733. The Commissioners ap- 
pointed by the Right Honourable the Lord Proprietor of Mary- 
land, and the Commissioners appointed by the Honourable 
the Proprietors of Pensilvania, for running the Lines, &c, hav- 
ing, pursuant to their Adjournment on the 6th of September last, 
met, at the Town of Newcastle, of this Instant November, and 
continued together by several Adjournments to this 16th Instant 
of the same November, at the said Town of Newcastle, the Com- 
missioners on the Part of Maryland having acquainted the Com- 
missioners on the Part of Pensilvania that they are willing to 
run the Circle mentioned in the Deed of Bargain and Sale and 
Deed of Feoffment of Newcastle in the' manner they have fre- 
quently before offered to the Commissioners of Pensilvania, 
and the same Commissioners of Pensilvania insisting they can 
only run a Circle of 12 Miles Radius, by reason whereof the 
said Commissioners on both Sides not being able to agree in 
the Dimensions of the Circle so to be run about Newcastle, the 
Commissioners on the Part of Maryland, in order that they may 
endeavour to do and execute so much of the said Articles and 
Commission as may be found practicable by a joint Agreement, 
propose and offer to the Commissioners of Pensilvania to pro- 
ceed to Cape Hinlopen, in order to proceed in fixing the Cape, 
and running the East and West Line directed by the third Ar- 
ticle to run from thence. The Original, whereof this is a Copy, 
was delivered by the Commissioners of Maryland to us the 
Commissioners of Pensilvania. Isaac Norris, Sam. Preston, J. 
Logan, A. Hamilton, James Steele. 

Nov. 17. 

To the Commissioners appointed on the Part of Maryland 
for running, marking, and laying out the Lines, Limits or 
Bounds between the Province of Maryland and the Province of 
Pensilvania and the Counties of Newcastle, Kent and Sussex 
on Delaware; Gentlemen, In order to answer the Proposals of 
the 16th Instant, to us the Commissioners on the Part of Pen- 
silvania, setting forth that you the Commissioners on the Part 
of Maryland having acquainted those on the Part of Pensilvania 
that you are willing to run the Circle mentioned in the Deed 



BOUNDARY QUESTION. 195 

of Bargain and Sale and Deed of Feoffment of Newcastle in the 
manner you have frequently before offered (which by your 
Papers appears to be a Circle of somewhat less than four Miles 
Diameter, or less than two Miles Radius) and we, the Commis- 
sioners on the Part of Pensilvania, insisting that we can only 
run a Circle of 12 Miles Radius, by reason whereof the Commis- 
sioners on both Sides not being able to agree in the Dimensions 
of the Circle so to be run about Newcastle, you therefore, in 
order that you may 3iideavour to do and execute so much of 
the Articles and Commissions as may be found Practicable by 
a joint Agreement, propose and offer to us the Commissioners 
of Pensilvania to proceed to Cape Hinlopen, in order to proceed 
in fixing the Cape and running the East and West Line directed 
by the said Article to be run from thence, we the Commis- 
sioners on the Part of Pensilvania, that our Sense of the whole 
Affair now depending between us and the Nature of this last 
Proposal may more clearly and fully be understood, we believe it 
incumbent upon us briefly to state the Case, which will the 
better enable us to give you a proper Answer. We must then 
crave leave to take Notice that the Province of Maryland and 
the Province of Pensilvania, with the Tract now called the 
Counties of Newcastle, Kent and Sussex on Delaware, bounding 
on each other, their Limits, for above these 50 Years past, have 
lain undetermined, by means whereof many Disputes, and much 
Cause of Uneasiness must necessarily from time to time have 
arose between his Majesty's Subjects, Inhabitants of the respec- 
tive Borders, to the Disturbance of the Quiet and Peace of both 
Governments ; for the effectual Removal of which the Proprie- 
tors, on both Sides, in the Year 1724, but, afterwards much more 
fully, entered into the most amicable Measures, and, by Articles, 
solemnly concluded the 10th Day of May 1732, agreed on their 
respective Boundaries to be fixed without delay, by Lines in 
the said Articles particularly expressed, and for the moving all 
Doubts and Mistakes more plainly directed by a Plan or Map 
printed thereon, and Commissioners, on both Sides, in pursu- 
ance of the said Articles, were appointed and authorized for ex- 
ecuting the same, and as the whole Tenor of those Articles ex- 
press the most tender regard in the Proprietors, on both Sides, 
for the Security, Quiet and Ease of all his Majesty's Subjects 
concerned therein, so, they declare that their Commissioners 
should proceed, on their Part, with all the Fairness, Candour 
and Dispatch that reasonably may be in the Business enjoined 
them. With how sincere a Satisfaction the Account of such 
an Agreement was received, not only by all those whose Posses- 
sions near the Borders had been liable to Dispute, but all others 
who had long wished to see that Subject of Discord removed, 



196 PENNSYLVANIA AND MARYLAND 

we need not mention. We the Commissioners for Pensilvania, 
though Age and Infirmities had rendered divers of us less fit 
for the Fatigue, yet, on a reasonable Expectation of seeing Peace 
and Tranquillity between these neighbouring Governments 
fully and effectually Established, chearfully undertook the 
Charge; but, however sincere the whole Tenor of those Articles 
shews the Intention of the Proprietors, themselves, to have 
been, in agreeing on and executing them, it is, with a very deep 
Concern, we are obliged to take Notice that the Conduct of the 
Commissioners of Maryland has hitherto appeared to be di- 
rected to a different View, which we collect from these well- 
known Instances ; the first Meeting being appointed by our re- 
spective Governors to be on the 6th of October 1782, at New- 
town in Maryland, when six of the Commissioners of Pensilva- 
nia there met a competent Number of yours, the Validity of 
our Commission from our Proprietors, so exactly agreeable to 
the Directions of all the contracting Pai'ties to the Articles, 
was scrupled by you, because not signed by certain other Per- 
sons who were no Parties at all. As this beginning gave us some 
Apprehensions, we immediately proposed what is usual and 
necessary in all such Cases, that, for the better preventing all 
Disputes and Misapprehensions, a Clerk or Clerks should be 
appointed for taking Minutes of our Proceedings, yet, this 
could, by no means, be obtained ; It was, however, then agreed 
that the said Article for running the Circle about Newcastle 
being the first in order, and about which great Part of the Work 
depended, we should first meet there to proceed on that Circle 
as the first Thing necessary to be done by us, and thereupon 
adjourned to meet at Newcastle the 30th of the said October : 
At our Meeting at Newcastle the 30th of October, pursuant to 
the preceding Appointment, having reason, from the Tenor of 
our Commissions, to expect we were then immediately to pro- 
ceed in the Business of the Circle, for which we had fully pro- 
vided Surveyors and all necessary Instruments on our Part, 
instead of this, it was demanded of us on our Part that we 
should produce the Charter for our Province, and the Deed of 
Feoffment for Newcastle; with which, though we were fully 
satisfied (since they are all largely recited in the Articles) we 
had then nothing at all to do, yet, to shew our Inclination to 
oblige you, one of our own Number condescended to take a 
Journey to Philadelphia for them, and being brought, ' the 
next Step on your Part, was to start a Difficulty about finding 
the Center of the Circle; but this, we shewed, from the Words 
of the Articles and the Draught, might easily been found and 
agreed on; yet, you positively insisted on the Difficulties of it, 
as a Matter out of your Power ; and, therefore, proposed a long 



BOUNDARY QUESTION. 197 

Adjournment, that you might, in the mean time, have an Op- 
portunity of consulting your Lord Proprietor (whose Arrival 
in Maryland, you said, was daily expected.) At that Meeting 
we again strenuously insisted on the Admission of a Clerk, or 
that Minutes of our Proceeding should be taken by joint Con- 
sent, that what should pass between us in our Conferences 
might be reduced to some Certainty ; but this was as obstinately 
opposed, and nothing, but an Adjournment, insisted on; to 
which we, at length, condescended for about three Months, 
because of the Winter Season, viz. to the 1st of February then 

next ensuing. Being again met, at Newcastle, on the said 

3d of February, when our Commissioners might reasonably ex- 
pect you had then received from your Lord Proprietor (who 
had arrived many Weeks oefore) full Instructions for the re- 
moving the Difficulties started about the Center, all the Answer 
given on your Part was, that his Lordship had left it to his 
Commissioners; so that the same Objections still remained, 
and, then, a new Doubt was raised about the Diameter of the 
Circle; this, indeed, appeared by the Articles and our Commis- 
sions, to be put beyond all possibility of Dispute, by the plain 
and express Words of the 2d Article viz. that there shall be 
the said Circle, mentioned in the said Charter for Pensilvania 
and Deed of Bargain and Sale of Feoffment of Newcastle (or 
so much thereof as is requisite) drawn and marked out at 12 
Miles Distance from the Town of Newcastle, which 12 Miles shall 
be 12 English Statute Miles ; yet, notwithstanding the Plainness 
of these English Words, you thought fit to declare you were 
not satisfied in that Point, and, then it was, that, on a Ques- 
tion proposed to us, which required to be fully and particularly 
answered on our Part, and therefore demanded Time and Ap- 
plication, though some of our Number attended, yet, because, 
through the Indisposition of some others, we delayed Meeting 
an H our or two longer than one of the times mentioned the pro- 
ceeding Night for our Adjournment, you were pleased intirely to 
withdraw; and, though our Commissioners attended you, about 
Noon, of the same Day, and both yours, and ours, met a full 
Hour after that time, and dined together, yet, you absolutely 
refused to join with us any more, and, notwithstanding you 
had two several Notices from us, agreeable to the Tenor of the 
Articles, to meet us again, First, the same Evening after, the 
3d of February, and, on your Neglect of that Notice, again, 
on the Second, or Monday of next Week, being the 5th of the 
Month, you left Newcastle on the 4th, and returned to Mary- 
land. Again, by an Express from Philadelphia to Annapolis, 
we sent you another Notice to meet us at Newcastle the 16th 
of April, but, rejecting this, by the same Messenger, you sent 



198 PENNSYVLANIA AND MARYLAND 

us another Notice, to meet you at Joppa, a small Village in 
Maryland, on the other Side of the Bay, and at 50 Miles dis- 
tance at least from where any part of our Business could lie; 
yet, this Notice of yours, however unreasonable, that we might 
not be wanting in any thing within our Power that might con- 
tribute to carry on the Work, five of our Number coin 
plied with, and attended your Commissioners there. At 
Joppa we found what you had there to propose was, that we 
should adjourn to Cape Hinlopen; but this being shewn to be 
irregular, and inconsistent with the Tenor of the Articles, till 
the Circle about Newcastle was fixed, as divers of your Number 
(as you said) were oblige;! to wait on your Lord Proprietor to 
Burlington, it was mutually agreed that we should adjourn to 
Philadelphia. Where, being met, without agreeing on any thing 
further, another Adjournment was proposed ; which Adjourn- 
ment, because (as it was alledged on your Part that you must 
necessarily attend his Lordship at his embarking for Britain, 
and because of the unfitness of the Season in the Month of Au- 
gust for the Business of Surveying in the Woods) was agreed 
to be at Newcastle the 3d of September last. At that Day, 
we accordingly met, and, then, it was proposed to us 
that we should join with you in running a Circle, or part 
thereof, whose Diameter is somewhat less than four Miles, 
which we absolutely refused, for the plain Reason then given, 
but. on the other hand, we desired you to join with us in run- 
ning a Circle, or part thereof, of 12 Miles Radius, as expressly 
directed in the Articles and our Commission; but this, you 
equally refused to comply with; and, seeing we appeared then 
to be at a stand, you proposed an Adjournment for further 
Consideration; which was yielded to on our Part, to be here at 
Newcastle the 14th of this Instant November ; here accordingly, 
Ave met, but finding no result from the further Consideration 
proposed at the last Adjournment, but that you remain fixed in 
agreeing to no other Circle than one of somewhat less than two 
Miles Radius, to which, you well know, we never can submit, 
as you also know that, if we should so far forget our Self, and 
our Charge to comply therewith, the work, when done, would 
be entirely void, as being contrary to the expi'ess Words of the 
Articles and our Commission, you have, now, thought fit to 
propose that we should go to Cape Hinlopen, in order to pro- 
ceed to fixing the Cape, and running the East and West Line 
directed by the third Article to be run from thence. Now, to 
come to a full and particular Answer to this Proposal, we, the 
Commissioners on the Part of Pensilvania, say, that we have 
thought it encumbent on us, at all times, to attend the Work 
enjoined by our Commission, according to the true Tenor and 



BOUNDARY QUESTION. 199 

plain Meaning thereof; that by the Articles, fjid our said Com- 
missions, the first Business required to be done by us is the run- 
ning of a Circle about Newcastle, or so much thereof as is re- 
quisite, at the Distance, or by a Radius, of 12 English Statute 
Miles, directed in such express Terms that, we conceive it im- 
possible to Mistake the meaning of them, that so much of the 
other Work depends upon this Circle (as the South and North 
dividing Line, particularly, is to be divided by it) that, with- 
out some certain Assurance that this Circle could be fixed with 
in the time limited, it would be Labour and Expence entirely 
lost to set about it: You cannot, therefore, but allow us to be 
clearly of the Opinion that, notwithstanding you have, hitherto, 
as we'll to your own Fatigue, as ours, kept up the Adjournment, 
that have been made, yet, for some Reasons, best known to 
your selves, it has not, from your first Meeting with us (as we 
conceive) appeared that you really intended to carry on and 
finish this important Work, so much wanting for quieting 
the Minds of the People and establishing the Tranquility of 
both Governments ; but, on our Parts, we are, and shall be, 
ready to proceed in the Business according to the true Tenor 
and Directions of our Commissions; and, as we conceive all 
other Measures wholly useless, so, we must insist on saying 
that, for the Reasons herein given, we cannot depart from New- 
castle in order to proceed on any other part of the Work, before 
the necessary one of running the Circle as directed in the Articles 
be first done. Newcastle, 17th of November 1733. Isaac Norris, 
Samuel Preston, James Logan, A. Hamilton, James Steele. 

Novemb. 19. 

To the Commissioners appointed on the Part of Pensilvania for 
running, marking and laying out the Lines, Limits or Bounds 
between the Province of Maryland and the Province of Pensil- 
vania, &c. Cent. Your Answer of 17th Instant, to our Proposal 
of 16th Instant, to proceed to Cape Hinlopen, lays us under 
a Necessity of truely, and briefly, stating the Proceedings and 
Behaviour of the Commissioners, on eacn side, which will fully 
justify such Proposal. For which purpose we must admit that 
the Province of Maryland and the Province of Pensilvania are 
bounded on each other, but we must observe that, altho' the 
Bounds designed for the Province of Maryland by the Royal 
Charter are sufficiently described, yet, for want of a proper 
Observance of such Bounds, many Encroachments have been 
made into the Province of Maryland, which necessarily created 
Disputes and Uneasiness between his Majesty's Subjects of the 
two Provinces. It is true Articles were concluded the 10th Day 
of May 1732, between the Proprietaries of the said Provinces 



200 PENNSYLVANIA AND MARYLAND 

for fixing the true Boundary of the Circle about the Town of 
Newcastle, and for determining what should be the Limits, 
when run and marked, of the Provinces of Maryland and Pen- 
silvania, and the two Counties now called Kent and Sussex on 
Delaware; and, altho' our earnest Endeavours, in discharge of 
our Duty enjoined by the Articles and Commission, have not 
hitherto had the desired Effect, yet, we can, with much Reason, 
please ourselves in thinking that we shall not deserve (even 
from you) that severe and uncharitable Imputation of our Con- 
duct tending to a different than the Execution of the Articles 
and Commission, when we shall have fairly represented, and 
brought to your Recollection, all the several Instances which, 
we will suppose, you have rather mistaken or forgot, than wil- 
fully misrepresented. The first Meeting being at Newtown, 
in Maryland, the 6th of October 1732, the Commissions im- 
powering the Commissioners on each side to act in the Execu- 
tion of the Articles were inspected ; and, surely, it behoved the 
Persons authorized, to consider their Powers, in such manner 
as they might be satisfied whether they were sufficiently ample 
for the Purposes designed ; nor can we conceive how that 
first step of prudent caution, could give the Commissioners of 
Pensilvania any Apprehensions, unless the Commissioners of 
Pensilvania were themselves determined before-hand, and 
thought the Commissioners of Maryland obliged to proceed in 
the execution of the Articles whether the Commissioners of 
Maryland were convinced, or not, of their Power, or of their being 
in the right or wrong in their Behaviour. Your mention, of a 
Proposal being made to you at that meeting, and repeated at the 
Meeting on the 30th of October at Newcastle, of the Admission 
of a Clerk, or that Minutes should be taken by a joint Consent, 
must, \ipon recollection, seem very strange, even to yourselves, 
for an Insinuation is endeavored to be raised that no Minutes 
of what passed, at either of those Conferences, was reduced to 
a Certainty : Be pleased, Gent, to review your Papers, and, we 
presume, you will find a Minute, taken of the Proceedings of 
the Commissioners at the Meeting of the 6th of October at 
Newtown, for we affirm that we have such Minutes, in the Hand- 
writing of one of the Commissioners of Pensilvania, and, sup- 
pose, a Duplicate of the same is in your Possession. We must 
not impute this Misrepresentation to any want of Candour, but 
meer Forgetfulness, and, as a Minute was so taken, at the first 
Meeting, how could it be supposed such a Method would be 
discontinued, in the After-meetings, or make your Repetition 
necessary? And we apprehend, neither one, or more, Clerks 
could, with so much Satisfaction and Certainty, reduce any of 
the Proceedings into Writing, as the Commissioners themselves, 



BOUNDARY QUESTION. 201 

either jointly or separately might do in the manner observed 
at the first Meeting. — You are pleased to say it was agreed, at 
the first Meeting, that the 2d Article for running the Circle 
about Newcastle, being the first in Order, and upon which 
great part of the rest of the work depended, the said Commis- 
sioners should first meet there, to proceed on the Circle as the 
first thing necessary to be done by the said Commissioners; 
Would not any one imagine that these were the Words, or Pur- 
port, of the Minute, taken at the first Meeting, of the Proceed- 
ing and Adjournment ; but, to our great Astonishment, we 
cannot find, in that Minute, the least Mention of the Commis- 
sioners Sense being tliat the running out the Circle about New- 
castle was the first thing necessary to be done ; nor, indeed, is 
there any Notice taken of what passed at that Meeting in the 
said Minute, save that the Commissions and Articles were read, 
and that the Commissioners did unanimously (agree) that they, 
or a sufficient Quorum of them, without further Notice, should 
meet at the Town of Newcastle, on Delaware, on Monday the 
30th of that Instant October, in order to proceed and mark out 
the Circle in the said Agreement mentioned. We forbear 
guessing at, or at least animadverting on, what might be the 
Occasion of your asserting, in your Answer, that to be, which 
does not appear by the Minute taken. The Commissioners of 
Maryland attended, on the 30th of Octob. at Newcastle, pur- 
suant to their then last Adjournment, with their Surveyors 
aud all necessary Instruments on their parts, for their Pi-oceed- 
ing on the Business of the Circle, but, for their more fully un- 
derstanding the Nature of what they were enjoined to execute, 
they did require, from the Commissioners of Pensilvania, a 
Perusal of the Charter of Pensilvania, and Deed of Feoffment, 
and for which, we think, they had good right, those Deeds, 
being referred to in the Articles: and that, altho' the Com 
missioners of Pensilvania, by having such Deeds in their Pos- 
session, had satisfied themselves that they were all largely and 
truely recited in the Articles, yet, the Commissioners of Mary- 
land could not arrive at the same Satisfaction, before those 
Deeds were produced to them by the Commissioners of Pensil 
vania: You say, very truely, in taking Notice that a Difficulty 
was started, at that Meeting, about finding the Center of the 
Circle, and, with as much Truth, we can say, that we appre- 
hend the Commissioners of Pensilvania, as well as the Commis- 
sioners of Maryland, thought it of so much Weight that an 
Adjournment was readily agreed on, and perhaps the Hopes of 
some Endeavours to obviate that Difficulty, between one of the 
Pensilvania Proprietors then in Philadelphia and the Lord 
Baltimore (who was then shortly expected) might conduce to 



202 PENNSYLVANIA AND MARYLAND 

a ready Disposition in the Commissioners for an Adjournment; 
but, we beg leave to take Notice, that the same Difficulty has 
not, as yet, been removed ; nor have we been able to compre- 
hend how any Words of the Articles, or the Maps,. can denote 
the Place, or the Centre, of that Circle; Nor can we omit ob- 
serving, on the Expression of the Commissioners of Maryland 
proposing a long Adjournment, when some of the Commission- 
ers of Pensilvania, at a Meeting on the first Day of February, 
expressed their Thoughts, that, considering the Season of the 
Year, the meeting together was rather too early, we are at a 
Loss to know, why, at the Meeting, on the first, the Com- 
missioners of Pensilvania should have greater Reason to expect 
the Commissioners of Maryland had received from the Lord 
Proprietary full Instructions for removing the Difficulty, than 
the Commissioners of Maryland might have, to expect the Com- 
missioners of Pensilvania had received Instructions from one 
of their Proprietaries? It was a Difficulty which affected the 
Execution of the Articles, and thereby incumbent on the Com- 
missioners, on both Sides, to endeavour the Removal of it, but 
his Lordship was unwilling to interpose in this Matter, being 
apprehensive that if, at once, the Direction of the Proprietaries, 
who were Principals in the Agreement, was admitted to in- 
fluence the Commissioners in the Explanation of the Trust com- 
mitted to them, it might have a Tendancy rather to create, than 
reconcile, Differences, and, for that Reason, we think, his Lord- 
ship, with great Candour, answered, that he had left it to his 
Commissioners. We desire to remind you, Gentlemen, that, 
alto' tha Objection of the Center still remained, yet, the Com- 
missioners of Maryland, in order to shew their Candour and 
Willingness to proceed in the Execution of such Part of the 
Articles as could be agreed upon, proposed the Consideration 
of the Circle directed to be run about Newcastle. We confess 
that, notwithstanding the extreme Plainness of English Words, 
which you are pleased to assure us is in the second Article, yet, 
we cannot help thinking, and saying, that, as we have formerly 
conceived, and often declared to you, so we repeat the same 
Opinion, that, either, they imply a Contradiction, or the Dimen 
sions intended and directed by that Article, are different from 
what you have insisted upon. We omit, at this time, the sev- 
eral Reasons urged by the Commissioners of Maryand in Main- 
tainance of their Opinions, but, in discussing the Doubt, raised 
about the Dimensions of the Circle, the Commissioners of Mary- 
land did declare that they thought Mathematicians, if advised 
and consulted with, might give the Commissioners, on both sides 
some Satisfaction for the Understanding the Circle contained 
in the Deed of Feoffment, or Bargain and Sale, of Newcastle, 



BOUNDARY QUESTION. 203 

and, therefore, in the Morning of the 2d Feb. it was proposed, 
and agreed, to consult with Mathematicians, and that the 
Mathematicians should deliver their Opinions in the Presence 
of each other, before the Commissioners, and argue thereupon 
at five a Clock in the Afternoon, of the same Day. It must 
be remembered that the Commissioners, being met, on that 
Afternoon, the Commissioners of Pensilvania acquainted the 
Commissioners of Maryland that one of their Mathematicians, 
with whom they intended to consult, was so ill of the Gout that 
he could not, that Afternoon, attend, and desired the Matter 
and Question might be reduced into Writing, and that, if 
he could not attend the next Day, the Commissioners of Pen- 
silvania would procure his Answer in Writing. The Commis- 
sioners of Maryland, that no Time might be lost in forwarding 
the Execution of the Agreement offered to the Commissioners of 
Pensilvania to go with them, that Afternoon, to the Place 
where their Mathematicians were, and carry their own Mathema- 
ticians to the same Plaee, which, the Commissioners of Pensil- 
vania (for Reasons only known to themselves) refused; after 
which, a Question was reduced into Writing, for the Considera- 
tion and Opinion of the said Mathematicians, and the Commis- 
sioners of Pensilvania had a Paper, containing the same, in order 
to consult with their Mathematicians thereupon, as had been be- 
fore mentioned, and resolved upon, against the next Morning, 
but, to the Surprize of the Commissioners of Maryland, they, the 
Commissioners of Pensilvania, tho' sent to, and often called 
upon, neglected their Attendance pursuant to their former Day's 
Adjournment, in a Manner too well known and supported to 
need any particular mention, at this time, of the Circumstances 
thereof. We must own, you were so obliging and civil as to 
give us an Invitation to a very handsome Entertainment, on the 
same Day this Non-attendance happened. But we must take 
the Liberty of making a Distinction between a Meeting of the 
said Gentlemen, as Commissioners, pursuant to a regular 
Adjournment and Appointment, and a Meeting in a common 
Conversation or Company. The last, but not the first, kind 
of Meeting was had, on that Day, after the Default of the Com. 
missioners of Pensilvania in the Morning; and this Behaviour 
of the Commissioners of Pensilvania, we think, justified the 
Commissioners of Maryland in their Departure from Newcastle 
to Maryland, since there appears a Design, in the Commissioners 
of Pensilvania, by such Non-Attendance to frustrate the Design 
of the Articles, by which means the Commissioners of Maryland 
had the greatest Reason of an Advantage accruing to the Lord 
Proprietor of Maryland, in his Claim of the Penalty mentioned 
in the Articles ; notwithstanding which, his Lordship, under a 



304 PENNSYLVANIA AND MARYLAND 

reserve of that Advantage, thought fit to permit the Commis- 
sioners still to endeavour the Execution of the Articles, and, for 
that reason, by Letter, dated the 15th of Feb. 1733, directed to and 
acquainted the Governor of Pensilvania, one of the Commission- 
ers, that his Commissioners had, notwithstanding that Default, 
liberty from him to meet the Commissioners of Pensilvania the 
first Monday in May then next, at Joppa.in Baltimore County, in 
Maryland. The Commissioners of Pensilvania, after this Letter, 
thought fit, by a Letter dated 28th March 1733, to offer a Meet- 
ing at Newcastle on 16th of April then next, but, by the same 
Messenger, the Commissioners of Maryland, by a Letter, with 
their particular Reasons, repeated the offer of a Meeting, on the 
before-mentioned first Monday in May, at Joppa, and the Com- 
missioners of Maryland then mentioned that they could not see 
the necessity of Meeting at Newcastle, rather than any other 
Place, before the Differences in their Opinions and Judgments 
were adjusted. At a Meeting of a Quorum of the Commission- 
ers, at Joppa, the Nature and Dimensions of the Circle were, 
again, debated, and that Debate was carried on by an Exchange 
of Papers. We are really sorry, Gentlemen, to be obliged 
to remind you, again, of what seems to have slipt the Memory, 
or which you have overlooked, in the Perusal of those Papers. 
You say that what the Commissioners of Maryland had there 
to propose was, that the Commissioners should adjourn to Cape 
Hinlopen; if you mean, as jou seem to intimate, that that was 
the only Proposal, pray examine the Papers there exchanged 
and you will find, by one dated 8th May 1733, the Commission- 
ers of Maryland proposed to the Commissioners of Pensilvania 
to run out a Circle whose Circumference should be 12 Miles about 
Newcastle, and also proposed to bear any Arguments, or receive 
any Information, from other Mathematicians than their own, in 
case the Commissioners of Pensilvania differed from the Com- 
missioners of Maryland in Judgment about the said Circle; 
what did the Commissioners of Pensilvania answer to those 
Proposals? To the first, they declared their Opinion, that a 
Circle whose Circumference was 12 Miles was not the Circle, but 
a Circle whose Radius was 12 Miles, was the only Circle directed 
by the Articles ; and, to the second Proposal they conceived they 
had no Need or Authority to refer the Construction of the Circle, 
&c. , to any Person whatsoever. Had the Commissioners of Mary- 
land desired the Commissioners of Pensilvania to refer the Con- 
struction of the Circle to any Person, in such manner, as by such 
Reference, and the Opinion of the Referee, thereon, the 
Commissioners would have Bound themselves in the Execu- 
tion of the Articles, the Commissioners of Pensilvania's 
Answer would have been very just ; but, to reject a Proposal to 



BOUNDARY QUESTION. 205 

procure some better Information and Understanding, in a Point 
of the Articles where Doubts had arose, we must submit how 
reasonable it was; for such your Denial tended to force us, 
against our own Conviction, to what you, and not ourselves, 
should think just and right. Thus, the Commissioners of Mary- 
land were so unhappy as not to have either their Proposal of 
Proceeding to Cape Hinlopen,or that of receiving Information 
from Mathematicians, concurred with by the Commissioners of 
Pensilvania; whereupon, since nothing could be there agreed 
upon, the Commissioners, by Papers exchanged between them 
9th of that May, made an Adjournment to Philadelphia, and> 
as we apprehend, for the mutual Convenience of both Commis- 
sioners; and this we have the greater Reason to say since, the 
Motive, mentioned by you, of the Commissioners of Maryland 
desiring to attend his Lordship, is not taken Notice of in the 
Paper containing the Adjournment. The Commissioners did 
meet in May. at Philadelphia, and, from thence, an Adjourn- 
ment was made to the 3d of Sept. last, for the Reasons men- 
tioned in the Paper containing that Adjournment; and, what 
was offered, or refused, by the Commissioners of either side, 
will appear by the several Papers exchanged at that Meeting; 
and it was, from the Commissioners being at a stand (as you 
are pleased to express it) that the Commissioners of Maryland 
always ready to make Proposals, or offer Expedients, for the 
Furtherance of the Execution of the Articles, so far declined an 
obstinate Perseverance in their Opinions, that they proposed an 
Adjournment, for a further Consideration. — We find that, not- 
withstanding our Hopes, the same Sentiments as appears, as 
formerly, with relation to the Circle ; but why must we know 
that you can never submit to our Opinion of that Circle? We 
think our selves right, and therefore have reason to expect you'll 
in time be convinced of it; besides, such Arguments as these in 
your Answer may, with as much Propriety, be used by us against 
you, which we shall avoid, being sensible to carry no Conviction. 
We have offered, under the Disagreement we now labour, to 
proceed to Cape Hinlopen, in order to fix the Cape, and run 
the East and West Line from thence, and we areAvell convinced 
that such Proposal (tho' you have thought proper to reject it) is 
rational and expedient, for the following Reasons, viz. That 
that part of the Work must be done, as well as any other, before 
25th of December 1733; That the Winter-Season is so much en- 
tered into, that no Probability of running the Lines, in that 
low and desart Country, later than this time, can be hoped for : 
and That the Tangent to the Circle of Newcastle depends, as 
much, upon running the East and West Line from Cape Hin- 
lopen, as the same Tangent does upon the Circle.— Before we 



206 PENNSYLVANIA AND MARYLAND 

leave this Matter, we must, in Answer to your mention of Age 
and Infirmities and Fatigues, take notice that the Commission- 
ers of Maryland have constantly attended the several Meetings, 
at Newcastle, notwithstanding the most severe Season that has 
been for many Years known, notwithstanding the very great 
Distance from the Habitations of the Commissioners of Mary- 
land, and notwithstanding the Debates and Disagreement 
amongst the Commissioners might, as well have been held 
at any other Place, as at Newcastle. Thus, we doubt, not 
of our having removed every surmise of our entertaining 
any other than a laudable View in the Execution of the Ar- 
ticles, and, upon the whole, with the same Frankness as we have 
hitherto used, we cannot help saying that, in our Opinion, no 
other Consequence can arise, from our Differences in Judgment, 
and your Refusal to proceed to Cape Hinlopen, than that, 
either, the Commissioners should continue at Newcastle till the 
25th of December 1733, without running the Circle, or, depart 
from Newcastle, without further Adjournment ; which we leave 
to your Consideration, 19th November 1733. The Original, 
whereof this is a Copy, was delivered by the Commissi onei-s of 
Maryland, to us, the Commissioners of Pensilvania, contained 
in 16 Papers in Folio. Isaac Norris, Sam. Preston, Jame« Logan, 
A. Hamilton, James Steele. 

Novemb. 20. 

To the Commissioners appointed on the part of Maryland for 
running, marking and laying out the Limits and Bounds 
between the Province of Maryland and the Province of Pensil- 
vania, &c. Gentlemen, Were the Matter of your Reply, of Yes- 
terday, to our Paper of the 17th Instant, as well supported, as 
the Manner of it is ingenious and civil, we own we should find 
our selves at a loss in answering it, but we must beg leave to say 
the Method you have taken in that reply is somewhat singular, 
for it is observable you admit what you think will not preju- 
dice the Point you aim at, you pass over in Silence what can- 
not be denied, and avoid or distinguish away such Facts as 
(tho' true in themselves) are not to be found in what you are 
pleased to call Minutes, and, at the same time, with a masterly 
Freedom, advance, on your part, without the Aid of any Min- 
utes at all, whatever you conceive may tend to your justification. 
Thus, you have endeavoured to justify the Objection made by 
the Commissioners of Maryland at our first Meeting at New 
town, against the Validity of our Commission, by terming it 
a prudent Caution, and alledging that it behoved you to con- 
sider our Powers, whether they were sufficiently ample for the 
Purposes so designed. But our Complaint was not that our 



BOUNDARY QUESTION. 207 

Commission was considered, which you had regularly done in 
comparing your own and ours together, and finding them to 
agree in all things with each other, and with the Articles 
themselves (the Names and Titles of the Proprietors and Com. 
missioners excepted) but you'll be pleased to remember this 
was not sufficient to satisfy you, for, after all your Inspection, 
you thought fit to object that certain Persons, who were no 
Parties to the Agreement, had not joined in granting our- Com- 
mission; nor was this Objection, however groundless, given up> 
but only for that time waved ; now this Fact,tho' not to be found 
in the pretended Minutes we are referred to, is yet most un- 
questionably true. In the same manner it is, to keep up your 
own AVords, you say an Insinuation is endeavoured to be raised, 
that no Minutes of what passed at either of the Conferences 
(at Newtown, or the first at Newcastle in October 1732) were 
reduced to a certainty, and then, recommending us to the Re- 
visal of our Papers, you let us know there is such a Minute in 
being of what passed at Newtown. And. lastly, with a very 
civil Insinuation, are so kind as to charge this Misrepresenta- 
tion, as you have called it, to the Account of our bad Memories. 
And here, we must confess ourselves at a Loss to understand 
what can be intended by an Insinuation raised, that no Minutes 
were reduced to a certainty, but, as to the Hardships the Com- 
missioners of Pensilvania alledge that they have been laid under 
by those of Maryland, in denying to admit of Clerks, &c. the 
Case is briefly thus. The Commissioners on the Part of Pensil- 
vania, when at Newtown, strenuously insisted on having a 
Clerk, or Clerks, to take Minutes of our Pi'coeedings, and, 
when this was refused us, we then further insisted that one of 
our own Number, of each side, might be mutually appointed 
for that purpose, and to sign and exchange the Minutes between 
us; but this was, also, denied; nor can the Variety o* Argu- 
ments that were used, on your Part, against taking any Minutes, 
in the just sense of the Words, be forgotten. By one, it was 
alledged to be altogether unnecessary ; by another, that it would 
occasion much Writing and loss of Time ; and one, in a par- 
ticular Manner, expressed his Resolution not to sign any Papers, 
lest it might occasion his going into England ; but not only 
Minutes, but even the word Adjournment was objected to, till 
it was proved, from the Articles themselves, to be truly neces- 
sary; and then, at last, all we could possibly obtain was that 
a Memorandum should be taken, in Writing. The full Con- 
tents of which are very well noted in your own fourth Para- 
graph to be confined to these Particulars, That the Commis- 
sioners met, the Commissions were produced, and it was agreed 
the Commissioners should, without further Notice, meet a^ain 



208 PENNSYLVANIA AND MARYLAND 

the 80th of that October, at Newcastle, to proceed on the Circle. 
But, to our surprize, when these Memoranchinis caine to be de- 
livered, it was absolutely refused, on your part, to have them 
signed in any manner at all. You, however, had one of them 
(you say) in the Hand-writing of one of our Commissioners, 
which was a Condescension, on our part, beyond what you 
thought fit to gratify us in, on vours; for the Duplicate we 
have is in the Writing of some Stranger, unknown to us, signed 
by no-body, and without the least Mark of its being a Minute 
that can have any Weight, or be of any Force whatever : Yet 
this Paper, such as it is, must, we presume, be the sole Founda- 
tion on which you really appear to divert your selves in con- 
cluding it must seem strange, even to us, that being possessed 
of it, we should complain of the want of Minutes, or, that hav- 
ing obtained that at Newtown, we should not be satisfied at 
Newcastle with the Expectation of the like Indulgence for the 
future. This we take truly to be the Sense of what you have 
said; yet, unhappily for your way of arguing, it fell out, 
at our then next Meeting at Newcastle, that tho' we had been, 
for four successive Days together, we do not find the least Mem- 
orandum of that kind, save in our own Minutes only. These 
extraordinary Methods of Obviating our just Complaints natur- 
ally afford Matter for a good deal of Observation, but we 
shall waive it, and only add, on this Subject, that, as we 
have always hitherto, so we must continue to differ from 
you in our Opinion of the best Method of taking Minutes, 
tho' we are not displeased with what you were, at length, 
prevailed on to fall into, for the first time, at Joppa. The 
Commissioners of Pensilvania have, most truly, said it was 
agreed at the first Meeting that the second Article for running 
a Circle about the Town of Newcastle, being the first in Order, 
and upon which a great Part of the Work depended, the said 
Commissioners should first meet there to proceed on that Circle, 
as the first thing necessary to be done by them, but say further, 
it no way appears they ever alledged that these Words were 
reduced to a Minute, and yet, that this was so agreed, is equally 
true in Fact, as if it had; therefore, of what Service it could 
be, to the Commissioners of Maryland, to make the Remark 
they have done, on that Fact, more than on many others, that 
most certainly passed, of which none at all were noted, save what 
has been mentioned, we cannot really discover? The Matter in 
it self is indisputably true, and, that it was so agreed, amongst 
the Commissioners, at Newtown, is equally true, which most 
certainly is sufficient. But to apply one of your own Words, 
we cannot forbear saying it is indeed astonishing, to us, to find 
that, in speaking of the Difficulty started about fixing the Cen- 



BOUNDARY QUESTION. 209 

tre, &e. , you declare that you can in truth say you apprehend 
the Commissioners of Pensilvania, as well as those of Maryland, 
thought the Objection about it of so much Weight that an 
Adjournment was readily agreed on, when, on the contrary, Ave 
think it cannot but be still fresh in the memory of every Com- 
missioner then present, that those for Pensilvania would never 
allow that there was any difficulty at all in it, but always de- 
clared they were well satisfied it was not easy to fix the Centre, 
and were fully impowered for it, without any Application for 
further Direction, in that, or any other, Point of the Articles; 
but, when the Commissioners of Maryland appeared so extremely 
scrupulous, and declared themselves under Difficulties, which 
by the arrival of the Lord Baltimore their Proprietor, who was 
then shortly expected, might possibly be removed, none of you, 
Gentlemen, who were then present, we presume, can forget 
the great Regard we of Pensilvania expressed for the Lord Bal- 
timore on that Ocasion, our hearty Wishes for his safe Arrival, 
and our Confidence in his Honour, that he would always see 
his own Agreement fulfilled ; but his Lordship, it seems, thought 
not fit to interpose, and, from thence, alone, it arose, as we 
then, again and again, repeated it to you, that we gave way to 
that Adjournment which, in our Paper, we truly a long one ; 
but, you say, some of our Commissioners at the meeting in Feb- 
ruary, expressed their own Thoughts that the Meeting was too 
early, which, in the last page of yours, you have fully explained 
for them, in owning it the most severe Season that ever has 
been known. Your next Paragraph (the 7th) again forces us 
on that most disagreeable Task of repeating our surprise, but, 
after what we have very truly asserted to have been our sole 
Inducement to join in an Adjournment in November last to Feb- 
ruary ; and that being under no doubts in our selves, we never 
had the Thoughts of applying to any of our Proprietors for 
further Direction, we hope you cannot possibly be any longer 
at a loss to know, from which Proprietor's Commissioners a, 
Solution of the started Difficulty was to be expected? We agree 
with the Commissioners for Maryland, that in February, they 
very much insisted on taking the Opinion of Mathematicians, 
as a Direction, or at laast as a Help, for understanding the 
Dimensions of the Circle mentioned in the Articles of Agree- 
ment. We also acknowledge, that the Commissioners for Mary- 
land proposed a Question, which with great Solicitation, you 
were prevailed upon to put into writing, but, at the same time, 
you were so cautious that none of your Number should sign 
it ; and we further own, that we not only agreed, but proposed, 
to hear the Mathematicians, on both sides, speak to the Di- 
14- Vol. XV. 



210 PENNSYLVANIA AND MARYLAND 

mensions of the Circle in the Presence of the Commissioners 
on the 3d of February in the Forenoon; but we likewise say, 
what we have repeatedly said before, that the true Reason for 
our proposing to hear Mathematicians was, because the Com- 
missioners for Maryland having refused, as we have often noted, 
to admit Clerks for taking Minutes, and as the Commissioners 
for Pensilvania had no Evidence of any thing that passed 
between us, those on our Part were forced on this Thought of 
getting the Mathematicians before the Commissioners, as the 
best Expedient to have Witnesses to the Delivery of the Answer 
we were then to make to the Question of the Commissioners 
for Maryland ; but we must beg you to excuse us, for not re- 
membering that we ever intended, or proposed, to have the 
Answer of our Mathematicians in writing to the Question pro- 
pounded to us by the Commissioners for Maryland ; and this 
Answer, being somewhat large, and the Weather very severe, a 
longer Time than we expected was spent in the Copying ; whence 
it was, that some of the Commissioners for Pensilvania were 
delayed, as we have said in our Answer, about an Hour or two 
after the time of the Adjournment; and then it was the Com- 
missioners of Maryland thought fit to withdraw, and tho', im- 
mediately after their leaving the Room appointed for our Meet- 
ing, some of our Commissioners, in the most respectful man- 
ner, waited upon those of Maryland, and endeavoured to excuse 
the small Delay given them, requesting them at the same time 
to return to the Place of Meeting, which was not above 200 
Yards from their Lodging, yet, all those Endeavours were in 
vain, and, though you stayed in Town from 12 o'Clock in the 
Forenoon of the 3d of February, the Time when you thought fit 
to withdraw, till the next Term, yet, no Importunities could pre- 
vail on you to meet us again; no Notice, by Word or Writing, 
was regarded ; and, notwithstanding some of you were told by us 
that the small Delay of an Hour Or two was, neither in Law or 
Equity, any Breach of the Articles, and that we were sure you 
would not venture to depend on it, but would find your selves 
under a necessity of meeting us again, yet, so pleased were some 
of theCommissioners for Maryland, with the imaginary Advant- 
age, that you left Newcastle, and returned home, unkindly en- 
deavouring (at least, some of you) to bring the Commissioners 
of Pensilvania under severe Censure for their neglect of their 
Duty. We hope to be excused if we cannot be so very courteous 
as to believe the Lord Baltimore's only View, when he wrote 
the Letter referred to in your Paper, was to permit his Com- 
missioners to endeavour the Execution of the Articles; for we 
have much more reason to believe that his Lordship, from the 
Result of his own good Judgment, knew well that your De- 



BOUNDARY QUESTION. 211 

parture from Newcastle, in the manner before-mentioned, would 
be construed a direct Breach of the Articles on his Part, if the 
same could not be remedied by your meeting us again; but, as 
it seems agreed that his Lordship's Letter to our Governour 
was not a Notice within the meaning of the Articles, we cannot 
but observe the great Regard you paid to our Notice given you 
to meet us at Newcastle the 16th of April last ; but, as in many 
other Instances, so, in this neglect of our Notice, you plainly 
shew at the same time your Opinion of our Authority and your 
own readiness (as you call it) to do every thing in your Power 
to forward the Execution of the Articles of Agreement. It is in- 
deed very kind, in the Commissioners of Maryland, so frequently 
to put us in mind of what you modestly call our Forgetfulness, 
and, to be as civil as we can the same way, we desire you to 
remember, that what is contained in the Papers exchanged at 
Joppa, more than a small Part of what had been frequently 
and more largely talked to and treated of before that Time and 
the Adjournment, is only your Proposal of our going from 
thence to Cape Hinlopen, the Meaning of which we perfectly 
well understood; and, when you found we were not so easily 
to be imposed on, by such a Feint, you were pleased frankly to 
own that you, or some of you, were, at that Time, obliged to 
attend the Lord Baltimore to Burlington, and then proposed 
to meet at Philadelphia about the Time you expected his Lord- 
ship might be there ; to which, for your Convenieney, we agreed, 
though you thought it worth your while to oppose having that 
inserted in the Minute of Adjournment ; and, for the Truth of 
this, we need not rely on the Memory of the Commissioners 
on either Side : As we have been always ready to acknowl- 
edge every Truth alledged by the Commissioners for Mary- 
land, so we now own what you say, that you have been very 
ready to make Proposals, and offer Expedients, &c. , but we beg 
leave to say they must appear in another Light to us, than they 
have hitherto done, before we can agree these Proposals and 
Expedients had any tendency to the Execution of the Articles 
in the Terms in which they are expressed, or as they are gen- 
erally understood. As to the Proposal of going to Cape Hin- 
lopen, at this time you will excuse, for saying we well know 
it to be nothing but Amusement, and had we assigned no other 
Reason than this, for what we have said on that Head, you 
have now furnished us with a sufficient one, when you insist 
that no other Consequence can arise from our Difference in 
Judgment, but that, either, we must stay at Newcastle till the 
25th of December, without running the Circle, or depart, with- 
out Adjournment; now, after this plain Declaration, that the 
Circle must not be run, is it not as plain a Consequence that 



212 PENNSYLVANIA AND MARYLAND 

the running of the Line can be to no purpose? We are sori*y 
we have occasion to repeat, what we have so often said, but as, 
in our Opinion, it is beyond all exception, just, we must ever 
abide by it, and say that it is, by running a Circle at the Dis- 
tance of 12 Miles from the Town of Newcastle, only, that the 
Work enjoined us can be done according to the Tenor and Di- 
rections of our Commissions, for, other Authority, you, or we, 
have none. And, notwithstanding you seem to be determined, 
which perhaps with too good Reasons you believe must con- 
clude us, yet, the just Views which appear throughout our 
whole Conduct in this Affair, we hope at least will be approved 
of by Superiors. Newcastle, Nov. 20th, 1738. Isaac Norris, 
Sam. Preston, James Logan, A. Hamilton, James Steele. 
Nov. 22. 

To the Commissioners appointed on the Part of Pensilvania, 
for running, marking, and laying out the Lines, Limits, or 
Bounds, between the Province of Maryland and the Province 
of Pensilvania, &c, Gentlemen, It is with so much Reluctance 
we give you, or ourselves, any further trouble at this Time, in 
Vindication of our Conduct, truly represented, and justly sup- 
ported, in the Paper of the 19th Instant, that we shall content 
ourselves with some few Remarks in Answer to your Paper of 
the 20th Instant. First, In our Detail of the Transactions 
between the Commissioners at such Meetings where any Minute 
was taken, we rely on such Minute for the Truth of what passed. 
In order to avoid the Force of this, you are pleased to endeavour, 
at one time, to distinguish away the Writing we called a Min- 
ute into something you name Memorandum ; what essential 
Difference this Distinction makes, your own good Judgment 
will suggest. At another time you urge, that there were other 
Proceedings than what were contained in such Minutes, as in 
the Instance of the Minutes (for so we think we may call it) 
taken at Newtown, and the Minute taken at Joppa on account 
of the Adjournment; although we will not presume to question 
your Candour, in declaring what you positively remember, 
yet, we hope, a Truth, or Mistake of a material Fact, is much 
better proved from what was reduced into Writing, at the Time 
in which such Fact was supposed to have happened, than from 
the Uncertainty of Opinions, Memories, or Apprehensions. 
And what alledge to have been agreed on at Newtown, viz. 
that it was first necessary to run the Circle about Newcastle, 
proves the little Dependanceto be had on Memory, for it seems 
improbable that that should be agreed to be the first necessary 
Work, since the Tangent does no more depend on the Circle, 
than on the Line from Cape Hinlopen. Secondly, At such 
Meetings, where no Minute or Memorandum happened to be 



BOUNDARY QUESTION. 213 

taken, we have been so fortunate as to advance nothing that 
can be denied. And we must confess, Gentlemen, you have 
shewn, in your Admissions, a strict Regard to Truth ; but, at 
the same Time, you have attempted, with wonderful Dexterity, 
to vanish over, and give the Fact a different Hue, from which 
it ought to appear in. As, for Instance, you think fit to own, 
that the Commissioners of Maryland insisted upon having the 
Opinion of Mathematicians as a Direction, or at least a Help, 
for understanding the Dimensions of the Circle ; and that the 
Commissioners of Pensilvania not only agreed, but proposed, 
to hear the Mathematicians speak to the Dimensions of the 
Circle in the Presence of the Commissioners of Maryland on 
the 3d of February in the Forenoon ; but, indeed, you also say, 
that the true Reason for the Commissioners of Pensilvania 
proposing to hear Mathematicians was, because the Commis- 
sioners of Maryland had refused to admit Clerks for taking 
Minutes, and as the Commissioners of Pensilvania had no Evi- 
dence of any thing that passed, those of the Pensilvania Com- 
missioners thought of getting the Mathematicians before the 
Commissioners, as the best expedient to have Witnesses to the 
Delivery of the Answer the Commissioners of Pensilvania were 
then to make to the Question of the Commissioners of Maryland. 
It is not said, nor can it be pretended (for we doubt not you 
would have spoke the Truth) that that true Reason was ever 
mentioned to the Commissioners of Maryland, and the Com- 
missiont-rs of Maryland, who have been always free, candid, 
and sincere, in this Transaction, never could suppose any re- 
serve, or private meaning, in the Commissioners of Pensilvania, 
nor can the Commissioners of Maryland conceive the essential 
Parts of the Facts to be less true and sufficient for their Justi- 
fication, because the Commissioners of Pensilvania had private 
Reasons for agreeing to such Proposals or Facts. You give us 
an undeniable Instance of yielding to the Force of Truth, when, 
in your Paper of the 20th Instant, you desire us to remember 
that what is contained in the Papers exchanged at Joppa, more 
than a small Part of what had been frequently and more largely 
talked to and treated of before that Time and the Adjournment, 
was only the Commissioners of Maryland's Proposal of going 
to Cape Hinlopen; so that a small Part of what had been more 
frequently and more largely talked to, &c. ,is plainly admitted 
or have been proposed at Joppa; and that small Part, as yoxi 
are pleased to term it, was to run out the Circle in the manner 
the Commissioners of Maryland conceived, and also to receive In- 
formation from Mathematicians about the Dimensions of the 
Circle; from whence it appears the Commissioners of Maryland 
had somethng else to propose to the Commissioners of Pensil 



214 PENNSYLVANIA AND MARYLAND 

vania than the going to Cape Hinlopen, mentioned in your 
Paper of the 17th Instant. Nothing can more fully evince the 
exactly honourable Part his Lordship took, in what happened 
between the Commissioners, than the Direction he was pleased 
to give his Commissioners to renew the Meeting after the De- 
fault of the Commissioners of Pensilvania, and his Refusal to 
interpose in the Explanation of the Articles; by the First, he 
shewed his generous Willingness that the Articles should be 
executed, and, by the last, he declared he would not influence 
the Judgment of the Commissioners in the manner of Execution. 
What we have further to observe is, the Misapprehension you 
have entertained, either of our Declaration, or Determination, 
that the Circle must not be run. We do not insist, but declare 
our Opiuion, that no other Consequences can arise, from our 
Differences in Judgment, and your Refusal to proceed to Cape 
Hinlopen, than, that either the Commissioners should continue 
in Newcastle, until the 25th of December 1733, without running 
the Circle, or depart from Newcastle, without further Adjourn- 
ment, which Opinion, we apprehend, is very different from a 
Determination that a Circle must not be run. We have never 
assumed, or even pretended to, a masterly Freedom, but, by a 
Liberty becoming Truth, we hope we have done Justice to our 
own Behaviour in the Opinion of our Superiors. Newcastle, 
22d of November, 1733. The Original, whereof this is a Copy 
was delivered to us. the Commissioners of Pensilvania. —Isaac 
Norris, Sam. Preston, James Logan, A. Hamilton, James Steele. 
Nov. 23. 

To the Commissioners appointed on the Part of Maryland 
for running, marking, and laying out the Lines, Limits and 
Bounds between the Province of Maryland and the Province 
of Pensilvania, &c. , Gentlemen, At our first Meeting here, on 
the 14th of this Instant, pursuant to our Adjournment in Sep- 
tember, you were pleased to say, as you have often before told 
us, that you could not agree in running a Circle at the Dis- 
tance of 12 Miles from the Town of Newcastle, and on the 16th 
proposed to us, in Writing, to go to Cape Hinlopen, in order 
to proceed in fixing the Cape as you were pleased to express it. 
We, in answer to that Proposal, found it necessary to shew 
that, in our Opinion, our Proceeding on that Part of the Work 
could be to no Purpose, if the other must be left undone. At 
the same time observing how, upon all Occasions, you seemed 
fond of expressing your great Readiness and Willingness to do 
every thing that in your Opinion might contribute to the Exe- 
cution of the Articles. Those Professions let us naturally into 
an Examination of the Conduct of the Commissioners of Mary- 
land, under the all Changes that have been in your Commis- 



BOUNDARY QUESTION. 215 

sions since the first Appointment, even from our first Meeting 
at Newtown, a Place so often mentioned, and to set the whole 
in a true Light, from whence, it might easily be seen, how far 
your Professions, and the manner of your Proceedings, agree. 
This Attempt of ours as naturally drew on a Recollection of 
the Proceedings of the Commissioners on your Part, and then, 
your Representation, we found, made it, again, necessary, in 
ours, to state the Proceedings of the Commissioners on both 
sides, in a manner as we presume could be liable to no Objec- 
tion. You, in return to this, in your Paper of yesterday profess- 
ing a Reluctance to give us, or your selves, any further Trouble 
in the Vindication of your Conduct, duly represented, and 
justly supported (as you are pleased to say) in yours of the 19th, 
you declare you shall content your self with a few Remarks on 
our Paper of the 20th ; but we must beg you to excuse us, if, from 
all you have said in either of your Papers, we cannot discover 
any thing which has weakened the force of what we have, with 
great plainness, advanced in support of our Opinion, but will 
rather confirm us with every indifferent Person in the same ; for, 
to observe on your first Remark, while you insist on a Difference 
between a Memorandum and Minute, as there may truly be 
a great one, if you will be pleased to take not only ours, but 
the Notion that all Men as we conceive must form, of what 
with any Justice can be called Minutes, viz. that they are plain 
and clear Notes of the Substance of what materially passes at 
the Conferences of Persons intrusted with the transacting an 
Affair of Importance, and such as derive an Authority from the 
Trust reposed in the Clerk or Clerks who take them, we say, 
if you will consider this, it will be evident, from all that has 
passed between us, the Subjects that you have fully justi- 
fied our Complaints for the want of such Minutes, and could 
the Commissioners for Maryland have been prevailed on to 
agree with us, that such Minutes should be taken, and rendered 
Authentick by proper Signers, and exchanged, which we must 
believe was necessary in our Case, they should have been at 
full Liberty, as to us, to call them by what Name they pleased ; 
yet, though they persisted in refusing to allow such Minutes, 
we were not so much wanting to our selves as to have no other 
Recourse for ascertaining what passed between us than to our 
Memories only ; for we duly took, and kept Minutes, for our 
own use, some of which we once read at the Board, and though 
their Authority could not be admitted, by tne Commissioners 
of Maryland, their Truth will stand above all Objection. The 
Methods we were obliegd to take, at Joppa, for procuring some 
certain Evidence of our Proceedings, we need not mention, nor 
can there be any Occasion to speak further to the Affair of the 



216 PENNSYLVANIA AND MARYLAND 

Mathematicians, the Papers that passed between us at Joppa, 
or the Lord Baltimore's Letter to our Governor, for all these, 
we conceive, sufficient Notice has already been taken, and there- 
fore we shall only say, upon the Distinction you have endeav- 
oured towards the Close of your Paper to make, between de- 
claring your Opinion, and your being determined, that, if we 
misapprehended your Meaning, we assure you it was far from 
being a wilful Mistake: on the contrary, it will give us a great 
Pleasure to find you Change your Sentiments, and agree to run 
the Circle at the Distance of 12 Miles from the Town of New- 
castle, as enjoined by the Articles ; a Point from which we 
never can recede, and, without your Concurrence in this, we 
must be contented to submit to any Consequence that may arise 
from this Difference of Judgment, as you are pleased to call it. 
Newcastle, November the 23d 1733. Isaac Norris, Sam. Preston, 
James Logan, A. Hamilton. 

Nov. 24. 

There is one Paper more contained in the Schedule to the 
Defendant's Answer: which is the Commissioners parting 
Minute of the 24th of November 1733 ; but as that is fully stated 
in Folio 347 of our Bill, and is set forth verbatim at Folio 334, 
in the Body of the Defendant's Answei*, it need not be here 
again inserted. 

1737. June 15. 

The foregoing Answer was put in. 

1738. April 13. 

The Defendant signed a Waiver of his Priviledge. 
April 20. 

The Plaintiffs replied to the Defendant's Answer. 
Nov. 27. 

They served the Defendant with a Subpoena to rejoin. 
Jan. 27. 

The Plaintiffs gave a Rule to produce Witness. 
Feb. 8. 

The Plaintiffs obtained an Order for a Commission to be exe- 
cuted in the City of Philadelphia, and adjourned to the Town 
of Newcastle, &c. And at the same time it was ordered that 
the Defendant might take out a Commission to Maryland. 
Mar. 13. 

By another Order of this date the Defendant's Commission 
was to be executed at Annapolis, and adjourned to any other 
part of Maryland and the three Lower Counties. 
174u. Ap. 9. to Sept. 18. 

The Defendant's Commission was first executed. 



BOUNDARY QUESTION. 217 

Oct. 20. to Nov. 29. 
The Plaintiffs Commission was executed. 

Jan. 16. 
The Defendant's Commission was returned. 

1741. July 30. 

The Plaintiffs Commission was returned. 
Feb. 3. 

The Defendant gave a Rule to publish. 
Feb. 4. 

The Plaintiffs, who had many Witnesses to examine in Lon- 
don, got an Order to enlarge Publication till the first Day of 
Easter Term then next. 

1742. April 28. 

The Plaintiffs obtained a further Order to enlarge Publication 
till the first Day of Trinity Term. 
June 17. 

The Defendant, who had but three Witnesses to examine here, 
and had himself given the Rule to publish in February before, 
obtained an Order to enlarge Publication, for a Month. 
July 13. 

The Defendant, again, obtained another Order to enlarge 
Publication, for three Weeks more. 
Aug. 11. 

Publication passed. 



WRITTEN EVIDENCE WHICH IS PROVED IN THE 
CAUSE, AND WHICH THE PLAINTIFFS HAVE TO 
PRODUCE; TOGETHER WITH SOME OCCASIONAL 
OBSERVATIONS THEREON. 



Chap. I. From the Discovery of North America to the Grant 
made by the Crown of Maryland to Lord Baltimore in the 
Year 1632. 
1584. 

As Captain Smith's History, (hereafter mentioned) and many 
others, inform us, Queen Elizabeth granted Letters Patent to Sir 
Walter Raleigh, for the discovering New Lands and Countries, 
not actually possessed by any Christians. Captain Smith's 
Folio Voyages, Fol. 2. 

1606. 

As we are informed by Captain John Smith's History, (here- 
after mentioned) he the said Captain Smith discovered several 
Parts of Virginia, particularly the Bay of Chesopeak, and the 



218 PENNSYLVANIA AND MARYLAND 

Peninsula, mentioned in this Cause, and went on Shore, and 
gave Names to several Places. Captain Smith's Folio Voya- 
ges, Fol. 21, and the following Pages. 
4 Jac. I. 1606. Apr. 10. 

From the Chappie of the Rolls, a Copy of Letters Patent, 
under the Great Seal. Reciting that the King's Subjects, Sir 
Tnoinas Grates and divers others, had desired Licence to make 
Habitation, Plantation, and to deduce a Colony, of sundry of 
the King's People, into that Part of America commonly called 
Virginia, and other Parts and Territories in America, either 
appertaining to the King, or which were not then actually 
possessed by any Christian Prince or People, scituate, lying and 
being, all along the Sea Coast, between 34 Degrees of Northerly 
Latitude from the Equinoctial Line, and 45 Degrees of the same 
Latitude, and, in the main Land, between the same 34 and 45 
Degrees, and the Islands thereunto adjacent, or within 100 Miles 
of the Coast thereof; and, to that End, and for the more speedy 
Accomplishment of their said intended Plantation and Habita- 
tion there, were desirous to divide themselves into two several 
Colonies and Companies. The one, consisting of certain 
Knights, Gentlemen, Merchants, and other Adventurers of the 
City of London and elswhere, which desire to begin their Plan- 
tations and Habitations in some fit and convenient Place 
between 34 and 41 Degrees of the said Latitude, all along the 
Coast of Virginia and Coasts of America aforesaid. And the 
other, consisting of sundry Knights, Gentlemen, Merchants, 
and other Adventurers of the Cities of Bristol and Exeter, and 
Town of Plymouth, which desire to begin their Plantations 
and Habitations in some fit and convenient Places, between 38 
and 45 Degrees of the same Latitude, all along the said Coast of 
Virginia and America, as the Coast lyeth. The King grants 
that the said Adventurers of the City of London shall be called 
the First Colony, and shall begin their said first Plantation 
and Seat at any Place, upon the said Coast of Virginia or 
America, between 34 and 41 Degrees of the said Latitude; and 
that they shall have all the Lands, Woods, Soils, Havens, Ports, 
Rivers, &c. , from the said first Seat of their Plantation and 
Habitation, by the Space of 50 Miles all along the said Coast 
of Virginia and America, towards the West and South West, 
as the Coast lyeth ; and also, for the Space of like 50 Miles, all 
along the said Coast of Virginia and America, towards the East 
and North East, as the Coast lyeth, with all the Islands within 
100 Miles directly over against the same Sea Coast; and all the 
Lands, &c. , from the Sea directly into the main Land by the 
Space of 100 Miles, and that none shall plant behind them, 
towards the main Land, without the express Leave of the Coun- 



BOUNDARY QUESTION. 219 

sell of that Colony. And his Majesty likewise grants, that 
the said Persons of the Town of Plimouth, in the County of 
Devon, shall be called the Second Colony, and shall begin their 
first Plantation and Seat between 38 and 45 Degrees of the said 
Northerly Latitude, and shall have all Lands, &c. ,in like man. 
ner, 50 Miles each way on the Sea Coast, and all the Islands 
against the Sea Coast 100 Miles into the Sea, and all the Lands 
into the main Land 100 Miles ; and that none shall plant behind 
them, without the Leave of the Council of that Colony. And 
the King ordains, that each of the said Colonys shall have a 
Counsell, which shall govern and order all Matters and Causes 
which shall arise within the same several Colonys, according 
to such Laws, Ordinances, and Instructions, as shall be given 
and signed with the King's Hand, or Sign Manual, and pass 
under th^ Privy Seal. And the King grants and agrees with 
the Persons of the said first Colony, that he, upon Petition, 
will grant to them, by Letters Patent, all the Lands which 
shall be within the said Precincts limited for that Colony, to 
be held of the King, as of the Manor of East Greenwich, in free 
and common Soccage only, and not in Capite. And in like 
manner agrees with the said Persons of the second Colony. 
This is proved by Paris to be a true Copy from the Roll, and 
is exhibit Rocha, No 1. 
7 Jac. I. 1609. May 23. 

From the Chappie of the Rolls. A Copy of Letters Patent 
under the Great Seal, Reciting the said former Letters Patent 
granted to the First and Second Colony jointly ; and that the 
said first Colonv, (which had already engaged themselves in 
the Business of the said Plantation) had requested a further 
Enlargement and Explanation of their said Grant, Prvileges, 
and Liberties, and that Councellors and other Officers might 
he appointed to direct and manage their Affairs, as were not so 
remote from London, but might be ready at hand to give Ad- 
vice and Assistance on all requisite Occasions. The King 
granted unto Robert Earl of Salisbury, and unto 62? other 
Lords, Knights, Gentlemen, Merchants, Captains, and Traders, 
by Name, and unto 55 of the Company of the City of London, 
and, unto 28 other Persons, by Name, that they, and those who 
they should admit, should be a Body and Cominalty perpetual, 
and should have perpetual Succession, and a Common Seal, and 
should be incorporated by the Name of the Treasurer and Com- 
pany of Adventurers and Planters of the City of London, for 
the first Colony in Virginia. And the said King granted 
unto the said Treasurer and Company, and their Successors, 
all those Lands, Countrys and Territories iu that Place of 
America called Virginia, from the Point of Land called Cape, 



220 PENNSYLVANIA AND MARYLAND 

or Point Comfort, all along the Sea Coast, to the Northward, 
200 Miles; and from the said Point of Cape Comfort, all along 
the Sea Coast, to the Southward 200 Miles ; and all that Space 
and Circuit of Land, lying from the Sea Coast of the Precinct 
aforesaid, up, into the Land, throughout, from Sea to Sea, 
West and North West: And all the Islands, lying within 100 
Miles along the Coast of both Seas of the Precinct aforesaid. 
To hold the Premisses to the said Treasurer and Company, 
their Successors and Assigns, for ever, to their own Use. 
To be held of the King, as of the Manor of East Greenwich, in 
free and common Soccage, and not in Capite. — This is proved 
by Bulmer to be a true Copy from the Roll, and is Exhibit 
Rocha, No 2. 
1612. 

A Quaito Book, this Year printed at Oxford, (borrowed out 
of the American Library belonging to the Society for the Pro- 
pagation of the Gospel in Foi'eign Parts) — intitled, A Map of 
Virginia, with a Description of the Country, &c. written by 
Captain Smith, sometimes Governor of the Country. At 
Fol. 1, and the following Pages, he gives an Account of the 
planting in America by the English in 1606, under the Degrees 
37, 38, and 39. And describes the Bay of Chesopeak, and sev- 
eral other Rivers and Places in that Bay. And, at Fol. 110, 
he gives Captain Smith's Map of that Part of the Country, 
drawn by him in 1606, of which we" shall say more hereafter. 
This Book is marked by White Kennett, Bishop of Peter- 
borough, deceased, who gave it, and a great Collection of other 
Books, to the Society, with his Name, and is proved by Paris to 
be borrowed out of the said Society's American Library, and 
is Exhibit, Quarto Book, West-Indies, B. 

18 Jac% 1. 1620. Nov. 3. 

From the Chappie of the Rolls, a Copy of Letters Patent, 
Reciting the former Joynt Letters Patent, of the fourth Year of 
the King, to the first and second Colonys both : Reciting also, 
the subsequent Letters Patent, granted to the first Colony, to 
make them a distinct and entire Body by themselves, giving 
unto them their distinct Limits, and Bounds; Reciting liKewise, 
that the King had been, in like manner, petitioned, by the 
Adventurers of the second Colony, and their Associates, to avoid 
all Questions between them and the first Colony, to make the 
Adventurers of the said several Colony one distinct and entire 
Body, and to grant them such Estate, Liberties and Privileges 
as after mentioned. Now, for as much as the King has been 
certainly given to understand, by divers good Subjects, that 
have for these many Years past frequented those Coasts and 



BOUNDARY QUESTION. 221 

Territory's between the Degrees of 40 and 48, that there is no 
other Subjects of any Christian King or State, or by any Au- 
thority from their Sovereigns, Lords, or Princes, actually in 
Possession of any the said Lands, or Precincts, whereby any 
Right, Claim, Interest, or Title, may or ought, by that means, 
to accrue or belong to them, &c. His Majesty grants, that all 
that Circuit, Continent, Precincts, and Limits in America, ly- 
ing and being, in Breadth, from 40 Degrees of Northerly Lati- 
tude from the Equinoctial Line, to 48 Degrees of the said North- 
erly Latitude, and, in Length, by all the Breadth aforesaid, 
throughout the main Land from Sea to Sea, shall be the Limits 
and Bounds, and Precincts of the said second Colony; and, to 
the End the said Territories may, for ever, be more certainly 
known and distinguished, the King 1 wills that the same shall 
be called New England in America. And, for the better Plan- 
tation, Ruling, and Governing of the said New England in 
America, his Majesty ordains, that there shall be, for ever here- 
after, in the Town of Plymouth, in the County of Devon, one 
Body Politick and Corporate which shal 1 have perpetual Suc- 
cession, which shall consist of the Number of 40 Persons, and 
no more, and which shall be called, The Council established 
at Plymouth, in the County of Devon, for the planting, ruling, 
ordering, and governing of New England in America. And ac- 
cordingly his Majesty appoints the first 40 Persons (consisting 
of Privy Counsellors and others) for that Council, and incorpo- 
rates them and their Successors, by the Name aforesaid, with 
sundry Powers and Privileges, and amongst others to elect a 
President of the said Council. And his Majesty gives and grants 
to the said Council established at Plymouth, and their Succes- 
sors, " All the aforesaid Lands and Grounds, Continent, Pre- 
"cincts, Place, Places, and Territories, viz. That aforesaid 
"Part of America, lying and being, in Breadth, from 40 Degrees 
"of Northerly Latitude from the Equinoctial Line, to 48 Degrees 
"of the said Northerly Latitude, inclusively, and, in Length, of 
"and within all the Breadth aforesaid, throughout the main 
"Lands from Sea to Sea. Together with all Lands, Soils, 
"Grounds, Havens, Ports, Rivers, &c. Provided always that the 
"said Islands, or any the Premisses herein before-mentioned, 
"and by these presents intended and meant to be granted, be not 
"actually possessed or inhabited by any other Christian Prince 
"or State, nor be within the Bounds, Limits, or Territories of 
"that Southern Colony, heretofore by us granted." To hold to 
the said Council, their Successors and Assigns, for ever, to their 
own sole use, to be held of the King, as of the Manor of East 
Greenwich, in Soccage, and not in Capite. This is proved by 



222 PENNSYLVANIA AND MARYLAND 

Bulmer to be a true Copy from the Roll. And is Exhibit, Rocha, 

No. 3. 

Note. 

Supposing that no State had been possessed of any Part of 
these Lands, (tho' it is certain the Dutch and Swedes were) yet, 
so long as the foregoing Grant to the Council of Plymouth sub- 
sisted, (which it did, until long after the Grant of Maryland 
was made to Lord Baltimore) the 40th Degree inclusively, was 
granted for Part of New England ; and, consequently, no Part 
of that 40th Degree, while that Grant subsisted, could be re- 
granted by the Crown, either to Lord Baltimore, or to any other 
Person. 
1624. 

A Folio Book, this Year printed in London, intitled, The 
General History of Virginia, New England, &c. , from their 
first Begkining, Anno 1584, to this present 1624. With the 
Proceedings of the several Colonies, &c. , also the Maps and De- 
scriptions of all those Countries, &c. , divided into six Books. 
By Captain John Smith, sometimes Governor in those Coun- 
tries, and Admiral of New England. This is the Book, men- 
tioned in the Bill and Answer. At Fol. 41, he gives his Map 
of Virginia, again, as done in 1606, being a Copy of that which 
had been printed in the former Edition of his Work be- 
fore, in 1612. And at Fol. 21, he gives the same Account, 
again, of the Discovery, and going a-shore, and giving names 
to Places, in the Bay of Chesopeak, and upon the Penin- 
sula, mentioned in the Pleadings in this Cause. Two several 
Copies of this Folio Edition are spoken to by James Logan, 
Benjamin Eastburne, and F. J. Paris, as well as occasionally 
mentioned by other Witnesses. And these exhibits are Smith's 
Folio History, and Smith's Folio History J. S. 
1625. 

Another very large Folio Work, this Year printed in London, 
intitled, Purchas his Pilgrims, in 5 large Volumes. This Work 
is a well known Collection of vast Numbers of different Voy- 
ages and Discoveries. And, amongst others, the 4th Volume 
thereof contains, at Fol. 1691, the Description of Virginia by 
Captain John Smith, enlarged out of his written notes. This 
contains exactly, the like matter as the two former printed 
Editions of his Works, of the Years 1612, and 1624. And it also 
contains another Copy, exactly like the former, of Captain 
Smith's Map made of Virginia in 1606. — This Book is spoke to 
by Paris (and some other Witnesses) and is the Exhibit, Pur- 
chas' s Pilgrims, Vol. 4. 



BOUNDARY QUESTION. 223 

Note. 

The great Use of these several Editions of Captain Smith's 
History and Map is, to shew that his Map was thrice printed 
and published in England, in 1612, 1624, and 1625, and so, must 
have been well know in 1632. 
Note also. 

By all the three early Editions of Captain Smith's Map, the 
Line of the 40th Degree of Northerly Latitude, compleat, was 
laid down to be no more than 7 Miles more North, than the 
Head of Chesopeak Bay. 
Note likewise. 

Every one of these threa Editions of Captain Smith's Map, 
contains the following Names and Descriptions of Places, which 
we shall by and by find to be mentioned in the Grant of Mary- 
land, viz. It shews that there is a Peninsula; it contains the 
Names of the Bay of Chesopeak, Watkins Point, the River of 
Wighco, the River Patowomeck, the Place called Cinquak, 
and Cape Charles. 
1630. July 15. 

An Exemplification, or Inspeximus, under his Majesty's great 
Seal of the Province of New York, of the following Record, re- 
maining in the Secretary's. Office of that Province, (being proved 
additionally by two Witnesses in the Cause, viz. Thomas Nox- 
on and William Vandespiegel, to contain a true Copy, and also 
a true Translation, of a Book of Dutch Patents, in th e fol- 
lowing Words, viz. We, the Director and Counci 1 of New 
Netherland, residing on the Island Manhatans, and Fort Am- 
sterdam, under the Government of their High and Mighty- 
nessesthe Lords States General of the United Netherlands, and 
the incorpoi*ated West-India Company at the Chamber of Am- 
sterdam, testify and declare by these presents, that on the Day 
of the Date hereunder written, before us, in their own Persons, 
came and appeared Queskakotts, Ellsongues, Sironchusou, and 
Inhabitants of their Town, scituate on the South Corner of the 
Bay of the South River, and declare, voluntarily, and by the 
especial Direction of the Rulers, with the Consent of the Com- 
mon People thereof, that they had since the 1st Day of June 
1629, for and by reason of certain Parcel of Merchandizes which 
they acknowledge, before the passing of these Presents, to their 
good Liking and Satisfaction, to have received in their Power 
and Hands, and delivered to them, in a right, just and free 
Prop arty to have transported, released, given over and assigned, 
as they do by these Presents transport, release, give over and 
assign, for and to the behoof of the Honourable Mr. Samuel 
Godyn now absent, on whose Words we, on due Stipulation, 
do accept thereof, to wit. 



224 PENNSYLVANIA AND MARYLAND 

The Lands, to them belonging, situate on the South-side 
of the said Bay, called by us the Bay of the South River^ 
stretching in length from Cape Hinloop to the Mouth of 
the said South River, about 8 large Miles, and up in- 
to the Country, in the breadth of half a Mile, stretching 
to a certain Cowplace or Meadow ; by which said Meadow 
these Limits maybe, evidently, on Sight distinguished. 
And that, with all the Action, Rights, and Jurisdiction, to 
them, and their aforesaid Quality, belonging; constituting 
the said Godyn in their stead, Estate, real and actual Pos- 
session of the same; and giving him and his Assigns full Power 
and Authority to enter on, possess, use and retain the said 
Land ; and thereof to transact and dispose, as with his own 
lawful acquired Lands; without the Releasors any Right in 
the least thereto, having, reserving or keeping, but warranting 
the same against all persons. All on good Faith, without 
Fraud or Deceit, &c. In witness whereof we have confirmed 
these presents with our usual Signature and our Seal hereto 
appending. Done on the Island of Manhatans 15 July 1630. ' 
This is Exhibit Dutch Records, New York No. 2, Fol. 3. 

Note. 

This not only shews that the Dutch were possessed of Man 
hatans (which is now New- York) in 1630, but had a Director 
and Council there, so early. And that this Purchase, by a 
Dutchman, so early as 1629, of Lands from the Indian Natives, 
from Cape Hinloop in the Bay of the South River, (now Dela. 
ware Bay) was past and recorded before the Dutch Director 
and Council of New-Netherlands (now New-York.) Of all 
which, there will be no sort of doubt, presently. 
8 Car. I. 1632. June 20. 

We have an Order that the Defendant shall produce his Ori- 
ginal Charter, under the Great Seal, for Maryland, which he 
says, in his Answer, runs in these Words, viz. 

REX &c. Omnibus ad quos &c. Salutem. Cum perdilectus 
& perquam fidelis sudditus noster, Cecil Calvert, Barode Balti- 
more in Regno nostro Hibernian, Alius & litres Georgii Calvert 
Militis, nuper Baronis de Baltimore in eodem regno Hiberniae 
patris in ha^rens vestigiis laudabili quodam & pio Christian* 
religionis pariter, & imperii nostri territori dilatandi Studio 
flagrans, licentiam nostram, ut copiosam Anglican* gentis 
Coloniam, industria & impensa sua, ad certani quandam re- 
gionem, inferius describendain, in terra quadam, in partibus 
America?, hactenus inculta, & barbaris nullam divini Numinis 
notitiam habentibus in partibus occupati, deducere possit, 
totamque illam regionem, cum certis quibusdam privileges, & 
jurisdictionibus, ad colonic sua?, & regionis predict* salubre 



BOUNDARY QUESTION. 225 

regimen & statum pertinentibus, a regia nostra celsitudine, sibi 
& haeredibus suis dari, eoncedi & confirmari, huniiliter sup- 
plicaverit ; Sciatis igitur quod nos, Hum & nobile, praefatorum 
Baronum de Baltimore, propositum & studium, regio favore 
prosequentes, ex gratia speciali, certa Seientia & mero motu 
nostris, dedimus, concessimus & eonflrmavimus, & per hanc 
praesentam chartam nostram, pro nobis, ha?redibus & succes- 
soribus nostris, praefato Cecill' modo Baroni de Baltimore, & 
hseredibus & assignatis suis, damus, eoncedimus & eonfirrnamus. 

Totam illam partem peninsula?, sive chersonesus, jacentis in 
partibus America 1 , inter oeeanum ex oriente, & finum de Ches- 
sopeake ab occidente; a resid' ejusdem, per rectam lineam a 
promontorio sive capite terras, vocato Watkins Point, juxta 
sinum prasdictum prope fluvium de Wighco seituate, ab occi- 
dente, usque ad magnum Oeeanum, in plaga oriental' ductam, 
divisam ; Et, inter metam illam a meridie,usque ad partem illam 
aestuarii de Delaware, ab aquilone, quae subjacet quadrage^imo 
gradui latitudinis Septentrionalis, ab a?quinoctiali, ubi termi- 
natur Nova Anglia. 

Totumque ilium terras tractum, infra metas subscriptas; 
viz : transeundo, a dicto aestuario vocato Delaware Bay, recta 
linea, per gradum praedictum, usque ad verum meridianum 
primi fontis fluminis de Pattowomack, deinde, vergendo, versus 
meridiem, ad ulteriorem dicti fluminis ripam, &, earn sequendo, 
qua plagam occidentalem & meridionalem spectat, usque ad 
locum quendam, appellatum Cinquak, prope ejusdem fluminis 
ostium scituatum, ubi in praeiatum Sinum de Ohessopeak evol- 
vitur, ac, inde, per lineam brevissimam, usque ad pra?dictum 
promontorium, sive locum, vocatum Watkins Point, (ita quod 
totius terras tractus per lineam praedictam, inter magnum 
oeeanum & Watkins Point divis' usque ad promontorium vo- 
catum Cape Charles, & singula sua appenditia, nobis, hasre- 
dibus & successoribus nostris, integre remaneant excepta 
imperpetuum. ) 

Necnon omnes insulas, & insululas, infra limites prasdictos. 

Concedimus etiam, & eonfirrnamus, eidem Baroni de Balti- 
more, ha?redibus & assignatis suis, omnes & singulas insulas, & 
insululas, ab oriental! pr^dicta- Regionis littore orientem, versus 
in mari, natas, vel nascendas, infra decern leueas marinas, ab 
eodem littore scituatas ; Cum omnibus & singulis portubus,navi- 
um stationibus, a3stuariis, fluminibus, & fretis, ad regionem, vel 
insulas praedictas, pertinentibus; Omnesque sundos, terras, cam- 
pestria, silvas, montana, paludes, lacus, flumina, a?stuaria, & 
freta, infra metas, terminos & limites prasdictos, scituata, seu 
existentia, &c. — habend' tenend' possidend' & gaudend' pras- 
15— Vol, XV. 



226 PENNSYLVANIA AND MARYLAND 

dictam regionem, insulas, insululas, & ceetera prsemissa, praefato 
modo Baroni de Baltimore, & haeredibus & assignatis suis, ad 
solum & proprium opus & usum ipsius modo Baronis de Balti- 
more, hseredum & assigriatorum suorum, imperpetuum; — 
Tenend' de nobis, heeredibus & successoribus nostris, Regibus 
Angliee, ut de Castro nostro de Windsore, in comitatu nostro 
Berks, in libero & communi Socagio,per fidelitatem tantum pro 
omnibus Servitiis, & non in Capite, nee per Servitium militare. 
Note. 

We say no other English Map, of those Parts, was then 
extant, but Captain Smith's only. 

This last Charter has such names of Places in it, that it is be- 
yond presumption, that it was described from Captain Smith's 
Map. 

We defy the Defendant to shew any Map, English or foreign, 
of that Time, but Captain Smith's only, that has all those Names 
of Places in it which are mentioned in his Charter. 

And the Defendant will be under some Difficulty, to make a 
Part of a Peninsula, (which is the first Description in his Char- 
ter) mean to extend above the whole Peninsula into the main 
Continent, up to the 40th Degree compleat. 

He will be under the greater Difficulty, to make such a Part 
of the Peninsula, as is bounded Eastward by the Sea only, ex- 
tend up in to the main Continent, above all the Bay and above 
great Part of the River of Delaware; neither of which are men- 
tioned for his Eastern Boundaries. 

He will be under a third Difficulty, as his Bounds are taken 
from' the South, and extend Northwards, only usque ad such 
Part of the Bay of Delaware on the North as lay under the 
40th Degree, to extend it all through the whole 70 Miles of that 
40th Degree, quite up to the 40th Degree compleat, especially 
as no Part of Delaware Bay runs so high as to the 40th Degree, 
but the very Head of that Bay is proved to be 30 Miles below 
Newcastle. 

And he will be under a 4th Difficulty, as by the express Words 
of his Charter, his Bounds are to extend Nortwards only usque 
ad such Part of Delaware Bay as lays under the 40th Degree, 
where New-England ends, to extend those Bounds to the Head 
and further Part of that Degree, when, we see, that New-Eng- 
land had, before, the whole 40th Degree inclusively, granted to it. 

So that every Description whatever, contained in his Patent, 
(and, by the way, every subsqeuent Description, at any Time 
afterwards made by the Crown) all confine him to the 39th De- 
gree compleat. 

And, when so confined, then, his Ancestor asked, and the 
Crown granted, nothing, but what was hactenus inculta. 



BOUNDARY QUESTION. 227 

Under the last Chapter in this Brief, before we come to the 
Depositions, will be contained the Opinions of three great Law- 
yers, relating to the Construction of Lord Baltimore's Charter ; 
which, tho' not Evidence, nor yet proved in the Cause, are 
yet extremely well worth the perusal, and much to our purpose. 



Chap. II. From the Lord Baltimore's Grant in 1632, to the End 
of the Year 1663 ; during all ivhich Time the Dutch and 
Swedes remained in the quiet Possession of tuhat is now 
New York, and also of Delaware, lohich now makes the three 
Lower Counties, free from any Claim by Lord Baltimore, or 
by the English Crown, (and in one single Instance, dotvn 
loiver than 1663, viz. to 3 July 1664. ) 
1633. June 28. 

An Order of Council in the following Words. At the Star- 
Chamber, present Lord Keeper, Lord Privy Seal, and eleven 
other Lords. Whereas a Petition, heretofore presented to the 
Board by the Adventurers and Planters of Virginia, shewing, 
that, by reason of some Grants lately obtained of a great Pro- 
portion of Lands, and Territories, within the Limits of their 
Colony and Places of their Trafflck, they were much prejudiced 
and discouraged in the Proceeding with the said Plantations, 
was, by his Majesty, referred to the Consideration of the Board, 
to the end their Lordships might examine and report the true 
State thereof, together with their Opinions concerning the same. 
This Day, the Lord Baltimore, who hath a Grant from his 
Majesty of a Proportion of the said Lands, and divers of the 
Principal Adventurers and Planters, being called before the 
Board, and their Lordships having heard the Allegations then 
made, on both Sides, did, for the better preparing of the Busi- 
ness against their next Sitting (appointed to be on Wednesday 
next) Order and direct, that the Lord Baltimore, and two or three 
of the said principal Adventurers, should forthwith meet, and 
confer together, and endeavour, amongst themselves, to accom- 
modate the Points in difference, arising between them, or so 
many of them as they could, and to set down the same so agreed 
on in Writing; as likewise, such points, wherein they shall 
differ, together with their Exceptions and Reasons; and 
to present the same to the Board, at their said next Sit- 
ting; at which Time they are, likewise, to bring with them 
a Map of the said Plantation, upon View whereof their Lord- 
ships may better discern how the Proportion granted to the 
Lord Baltimore is limited and bounded. This is proved to be 
a Copy from the Council-Register by Dickenson, and is the Ex- 
hibit, Co-Off. No 1. 
July 3. 
Another Order of Council in the following Words. At the 



228 PENNSYLVANIA AND MARYLAND 

Star-Chamber. Present, Lord Keeper, Lord Privy Seal, and 8 
other Lords. Whereas an humble Petition of the Planters in 
Virginia, was presented to his Majesty, in which they remon- 
strate, that some Grants have lately been obtained of a great 
Proportion of Lands, and Territories within the Limits of the 
Colony there, being the Places of their Traffick, and so near to 
their Habitation, as will give a general Disheartening to the 
Planters, if they be divided into several Governments, and a Bar 
to that Trade which they have long since exercised towards their 
Supportation and Relief, under the Confidence of his Majesty's 
Royal and Gracious Intentions towards them, as by the said 
Petition more largely appeareth ; Forasmuch as his Majesty was 
pleased, on the 12th of May last, to refer to the Board the Con- 
sideration of this Petition, that, upon the Advice and Report 
of their Lordships, such Order might be taken as to his Majesty's 
Wisdom should seem best. It was thereupon ordered, on the 4th 
of June last, that the Business should be heard tne second Friday 
in this Term, which was the 28th of the last Month; and that 
all Parties interested should then attend, which was accordingly 
performed ; And their Lordships, having heard the Cause, did 
then order that the Lord Baltimore, being one of the Parties, 
and the Adventurers and Planters of Virginia aforesaid, should 
meet together, between that Time and this Day, and accommo- 
date their Controversy, in a friendly manner, if it might be; 
and likewise set down in Writing, the Propositions, made by 
either Party, with their several Answers, and Reasons, to be 
presented to the Board this Day, which was likewise accord- 
ingly done. Now, their Lordships having heard and maturely 
considered the said Propositions, Answers, and Reasons, and 
whatsoever else was alledged on either part, did think fit to 
leave the Lord Baltimore to his Patent, and the other Parties 
to the Course of Law, according to their Desire. But, for the 
preventing of further Questions and Differences, their Lord- 
ships did also think fit and Order that, Things standing as 
they do, the Planters, on either side, shall have free Ti-affick 
and Commerce, each with other; and that neither part shall 
receive any fugitive Persons belonging to the other, nor do any 
Act which may draw a War from the Natives upon either of 
them. And lastly, that they shall sincerely entertain all good 
Correspondence, and assist each other on all Occasions, in such 
manner as becometh Fellow-Subjects and Members of the 
same State. This is proved to be a Copy from the Council- 
Register, by Dickenson, and is the Exhibit Co-Off. No. 2. 

Note. 

The two last foregoing are real Orders of Council, and, because 
mentioned by Lord Baltimore, are here inserted ; but they de- 



BOUNDARY QUESTION. 229 

termine nothing, either one way or other, nor are of any Con- 
sequence in the present Matter. 

1635. April 25. 

A Copy from the Papers remaining in the Office of the Lords 
Commissioners for Trade and Plantations, of a Minute made 
and recorded at a very solemn Meeting of the President (Lord 
Gorges) and Council of New England, which is intitled, A de- 
claration of the Council of New England for the Resignation 
of the great Charter, and the Reasons moving them thereto. 
This Paper pathetically enumerates the Troubles, Charges and 
Loss of their Friends abroad, which the Adventurers had suf- 
fered, from the Time of their Grant till then ; the many litigious 
Questions moved against them by the Virginia Company, both 
before the King in Council, and in Parliament at home, where- 
by the Adventurers grew disheartened, and that many of their 
ablest Supporters had died ; that the French Ambassador had 
made a Claim; that, at length, other People got Patents, and 
intruded upon these Adventurers, and rent in Pieces his 
Majesty's original Grant, and these Adventurers designed Un- 
dertaking; and that Complaints coming over, to this President 
and Council, that had not sufficient Means to redress them, 
or to give Satisfaction to the Persons aggrieved, they were 
forced to Petition his Majesty, who referred it to the Lords to 
consider of the Means of Reformation; which Lords, finding 
fault with this President and Council, and calling for them 
from their Homes, far remote in the Country, at unseasonable 
times, to their great Charge and Trouble, whereupon the Presi- 
dent and Council, after clearing themselves, referred it to the 
Lords, to do what they thought fit; who found Matters so de- 
sperate, as that they saw a Necessity for his Majesty to take 
the whole Business into his own Hands, if this President and 
Council could not rectify what was brought to ruin; who, 
finding it a Task too great for them to perform, rather chuse 
to resign all into his Majesty's Hands, to do as he pleased. 
After all these Troubles, and upon these Considerations, it is 
now Resolved, that the Patent shall be surrendered to his Ma- 
jesty, with Reservation of all such Rights as any have been 
seized with, that it may please his Majesty to pass particular 
Grants to the President and Council, of such Proportions as 
they have mutually agreed upon, and as are before recorded 
in that Book : And so much they have thought fit to be re- 
corded, that Posterity may know the Reasons and Necessities 
moving them to quit themselves of those Inconveniencys and 
Dangers, &c. This is proved to be a true Copy by Mr. Gal- 
librand, and is the Exhibit Botra No 1. 



230 PENNSYLVANIA AND MARYLAND 

May 1. 

A Copy from the Original Papers remaining in the Board of 
Trade, of a Petition to the King, from Edward Lord Gorges, 
President of the Council of New England, in the Name of him- 
self, and divers Lords and others of the said Council, setting 
forth that, forasmuch as they were, presently, to join in a vol- 
untary Surrender of the Grand Patent of their Corporation, to 
his Majesty, they pray his Majesty to order his Attorney Gen- 
eral to draw Patsnts, for Confirmation of such Parcels of Land, 
as by mutual Consent in their Court had formerly been al- 
lotted to them, with such Privileges and Immunitys as here- 
tofore they might have enjoyed with their Lands, by Virtue 
of the said Grand Patent. This is proved to be a true Copy 
by Mr. Gallibrand, and is the Exhibit Botra No 2. 

June 7. 

A Copy from the Books remaining in the Plantation Office 
of the Act of Surrender of the great Charter of New England 
to his Majesty. Whereby the President and Council, reciting 
their said Charter of the 3d of November, in the 18th of King 
James the 1st, do give, grant, assign, yield up and surrender 
to his Majesty, the said Charter, and the Libertys, Licences, 
Powers, Privileges and Authoritys thereby granted, and all 
their Right, Estate, Title, Interest, Claim and Demands, of, in 
and to the same. In Witness whereof (it is there said) the said 
President and Council had caused their Common Seal to be 
thereto put; and the Entry in the book has a Mark to it thus. 
L. S. This is proved to be a true Copy from the Book, by 
Mr. Gallibrand, and is the Exhibit Botra No 3. 

Note. 

This Original Surrender no where appears, neither is it en- 
rolled in Chancery; for which Reason we took in some other 
Papers leading to it. But, of it self, it is a Matter sufficiently 
notorious, since Seven or Eight of our present Colonys sprung 
up, and were created, out of the old great New England Charter 
since the Surrender thereof. 

Note also. 

That when the New England Charter was surrendered, the 
Crown might (then) grant the 40th Degree, if it could gain the 
Possession thereof. 

Sept. 8. 

A thin Quarto Book, printed this Day, Month and Year, in- 
titled, A Relation of Maryland, together with a Map of the 
Country, the Conditions of Plantation, his Majesty's Charter 
to the Lord Baltimore translated into English, &e. .which gives 



BOUNDARY QUESTION. 231 

an Account of the Adventurers under Lord Baltimore's Patent 
going to and first landing in the Country, on the 24th of Feb. 
1633. At Fol. 13 there is Chap. 2, a Description of the Country, 
wherein it's said "that it is seated between the Degrees of 38 
"and 40 of North Latitude, Virginia bounds it on the South, 
" New England on the North and the Ocean on the East. " At 
Fol. 21 it is said thus, " You shall find, in the Southern Parts of 
" Maryland, all that Virginia hath naturally ; and, in the North- 
"ern Parts, what New England produceth; and he that reads 
"Capt. John Smith shall see, at large, discoursed what is in 
"Virginia, and in Mr. William Wood (who, this Year hath 
"written a Treatise of New England) he may know what is 
"there to be expected. " Again, at Fol. 38 and 39 (tho' mis- 
"mark'd Fol. 22 and 23) there is Chap. 6, Conditions propounded, 
"by the Lord Baltimore, to such as shall go or adventure into 
"Maryland." Again in Fol. 41. "There isconveniency of Pas- 
"sage thithsr in most Months of the Year, and any one that 
"will send unto Mr. Peasley or Mr. Morgan's House," (Note, 
in the Title Page it is said, that these Books were to be had 
of those two Persons) " may, there, be informed of. the certain 
"Time, when any of his Lordships's Company is to go away, 
" and so save the Charge of unnecessary Attendance here in 
"London." The whole Book, indeed, is an Invitation to Per- 
sons to go over and settle there. But, what we prize it most 
for, it has a fair Map of Chesopeak Bay, and the Peninsula, 
with my Lord Baltimore's Arms upon it. In which Map the 
Lines of Northerly Latitude are laid down, and he plainly 
makes his Bounds in the Map, agreeable to what had been 
said in the Body of that printed Book, to begin at the 38th 
Degree compleat ; and to end at the 40th Degree compleat. So 
far, it is a very early Claim to have to the 40th Degree compleat ; 
but then he makes that 40th Degree compleat. to cut the Head 
of Chesopeak Bay, and not be any thing at all above the Head 
of Chesopeak Bay : (Whereas we have now granted to him many 
Miles up into the main Continent, as a valuable Consideration 
for his Agreement.) This Book is proved, in the Cause, by Dr. 
Stack, to have been 40 or 50 Years in the Custody of Sir Hans 
Sloane, a great Collector of old Tracts, and will be produced 
at the Hearing by Dr. Stack. 

We have also an incompleat printed Copy of it, and a manu- 
script Copy of the Map, proved to be Copys thereof, (so far as 
they go,) by the same Dr. Stack; and is the Quarto Book Mary- 
land 1635 . 

We have also another Copy of my Lord Baltimore's Map, 
contained therein, spoken to by Mr. Eastburne, and is in a 
large marbled Cover. 



232 PENNSYLVANIA AND MARYLAND 

1638. Apr. 4. 

Is the Copy of a pretended fictitious Order of the Lords of 
the Council, insisted on by the Defendant now ; first produced 
and made an ill use of, before the Board of Trade, by his Grand- 
father, in 1685, and afterwards by the Defendant himself, ex parte, 
again, in 1734; tho' there was not then, neither is there now, 
any Thing like an original, or an authentick Copy of it; not- 
withstanding that the Council Registers of that very Day, are ex- 
tant, and many other Orders are found therein of that very Date. 
This blank Paper is in the following Words, viz. At White- 
hall the 4th of April 1638. Present Lord Archbishop of Can- 
terbury, Lord Keeper,Lord Treasurer, Lord Privy Seal, Earl Mar- 
shal, Earl of Dorset, Lord Cottington, Mr. Treasurer, Mr. Comp- 
troller, Mr. Secretary Cook, Mr. Secretary Windebank. Whereas 
a Petition was presented, to his Majesty, by Capt. William Clay- 
borne, on the Behalf of himself aud Partners, showing that, by 
Virtue of a Commission, under his Majesty's Hand and Signet, 
they, divers Years past, discovered and planted upon an Island, 
in the great Bay of Chesopeak, in Virginia, named by them 
the Isle of Kent, whereupon (they pretended) they had bestowed 
great Charges; and that the Lord Baltimore (as they alledged) 
taking Notice of the great Benefit that was likely to arise to 
them thereby, obtained a Patent from his Majesty, comprehend- 
ing the said Island within the Limits thereof; and that they 
had likewise settled another Plantation, upon the Mouth of a 
River, in the Bottom of the said Bay, in the Sasquesahanoughs 
Country which the said Lord Baltimore's Agents there (as they 
alledge) sought to dispossess them of; pretending, likewise, 
great Injuries and Violence offered to them, in their Trade and 
Possessions in those Parts, by the said Agents, in killing some 
of the said Capt. Clayborne's Men, and taking their Boats, 
contrary to the said Commission and the express Words of a 
Letter from his Majesty, under his Hand and Signet; and 
therefore, besought his Majesty to grant, unto the Petitioner, a 
Confirmation, under the Great Seal, of his Majesty's said Com- 
mission and Letter, for the quiet keeping, enjoying, and gov- 
erning of the said Island, Plantations and People, with other 
Additaments of Lands and Immunitys in those Parts; and like- 
wise, that his Majesty would refer the Examination of the said 
Wrongs and lnjurys, to such as his Majesty should think fit, 
as by the said Petition more at large appeareth ; Forasmuch as 
his Majesty was pleased, at Newmarket, on the 26th of February, 
1637, to refer the consideration of the Petitioner's Request, 
unto the Lord Archbishoo of Canterbury, the Lord Keeper, the 
Lord Privy Seal, and any other the Commissioners for Planta- 
tions, who should be near at Hand, and whom they pleased to 



BOUNDARY QUESTION. 233 

call, and withall to advise with Mr. Attoimey General, for the 
preparing- and settling the Grant desired, for his Majesty's Signa- 
ture, and to examine the Wrongs complained of, and certify 
his Majesty what they thought fit to be done for Redress thereof, 
whereupon all Partys attending their Lordships this Day, with 
their Counsel learned, and being fully heard, the said Com- 
mission and Letter being likewise read, it appeared clearly, to 
their Lordships, and was confessed by the said Clayborne him- 
self, then present, that the said Isle of Kent is within the 
Bounds and Limits of the said Lord Baltimore's Patent, and 
the said Capt. Clayborne's Commission (as it likewise appeared) 
was only a Licence, under the Signet of Scotland, to Trade with 
the Indians of America, in such Places where the said Trade 
had not been formerly granted by his Majesty to any other ; 
which Commission, their Lordships declared, did not extend, 
nor give any Warrant to the said Clayborne, or any other, nor 
had they any Right or Title, thereby, to the said Island of 
Kent, or to Plant or Trade there, or in any other Parts or 
Places, with the Indians or Savages, within the Precincts of the 
Lord Baltimore's Patent; and their Lordships did likewise de- 
clare, that the aforesaid Letter, under his Majesty's Signature, 
which had reference to the said Commission under the Signet 
of Scotland, was grounded upon Misinformation, by supposing 
that the said Commission warranted tlie Plantation in the Isle 
of Kent, which (as now appears) it did not : Whereupon, as 
also upon Consideration of a former Order of this Board, 
of the 3d of July 1633, wherein it appeared that the Differ- 
ence, now in Question, being then controverted, the Lord Bal- 
timore was left to the Right of his Patent, and the Petitioners 
to the Course of Law; their Lordships having resolved and de- 
clared, as abovesaid, the Right and Title to the said Isle of 
Kent, and other Places in Question, to be absolutely belonging 
to the Lord Baltimore, and that no Plantation, or Trade with 
the Indians, ought to be within the Precincts of his Patent, 
without Licence from him, did, therefore, likewise think fit 
and declare, that no Grant from his Majesty should pass to the 
said Clayborne, or any others, of the said Isle of Kent, or other 
Parts or Places within the said Patent, whereof his Majesty's 
Attorney and Sollicitor General are hereby prayed to take 
Notice; and, concerning the Violences and Wrongs, by the 
said Clayborne and the rest complained of in the said Petition 
to his Majesty, their Lordships did now, also, declare, that 
they found no Cause at all to relieve them, but do leave both 
Sides therein to the ordinary Course of Justice. This is spoke 
to by Mr. Gallibrand and Mr. Paris, also by Dickenson, and 
is the Exhibit Botra No 4. 



284 PENNSYLVANIA AND MARYLAND 

Now follows a great Number of Dutch Records, remaining in 
the Secretary's Office of New-York, authenticated from thence, 
under the King's Great Seal of that Province; and also their 
being true Copies, and the Translation of them, proved by two 
Witnesses in the Cause, viz. Messrs. Noxon and Vanderspiegel. 
These sort of Records now reach down (without any other sort 
being intermixed with them) to the 28th of October 1658, which 
is for 20 Years together. 

1638. May Q. 

A Copy, from a large Dutch Book of Record, being a Protest, 
whereby William Kieft, Director General of New-Netherland, 
residing on the Island Manhatans, and in Fort Amsterdam, 
under the Government of the States General of the United 
Netherlands, and the West-India Company at the Chamber of 
Amsterdam, makes known to one Peter Minuit, Commander 
in the Service of the Queen of Sweden, that the whole South 
River of New River, has been, many Years, in the Dutch Pos- 
session ; and above and below settled by Dutch Forts ; and also 
sealed with the Dutchmen's Blood ; the which had happened, 
even during the said Minuit's Direction in the New Nether 
lands, and was well known to him. Now, because the said 
Minuit comes between the Dutch Forts, and begins to build a 
Fort there, to the Damage and Prejudice of the Dutch, which, 
nevertheless, we the Dutch Mali never suffer; and we being 
assured the Queen of Sweden has given you no Orders to build 
in our Rivers, or along our Coasts : Therefore, in case you 
proceed in the building Fortifications, manuring of Lands, and 
trading for Peltry, or attempt any thing to our prejudice, we 
protest for all damages, Miseries, Bloodsheds and Troubles^ 
and that w« will maintain our right, in such a manner, as we 
shall find most suitable. This is Dutch Records, New- York, 
No 2, Fol. 4. 

1638-9. Feb. 3. 

A copy from the same Book of Records, of a Judgment given 
against one Coinclisse, for wounding a Soldier in the Fort, con- 
demning him to serve the Company, along with the Blacks, 
to be sent by the first Ship to the South River, to serve the 
Company there, and to pay a Fine to the Fiscal, and Damages 
to the wounded Soldier. This is Dutch Records, New-York, 
No. 2, Fol. 5. 

1639. March 31. 

Another Copy, from the same Book, being an Ordinance which 
recites that many Persons, Companies, and Servants as Setlers, 
do dare, against the Orders of the States- General and the West 
India Company, to sell to the Indians, Guns, Powder, andLead ; 



BOUNDARY QUESTION. 235 

therefore every Inhabitant of New Netherland is forbidden #he 
same, on Pain of being punished with Death : Also every one is 
Avarned, not to go, with Boats or Vessels, to Fort-Orange, 
(South-River, or Fort-Hope, without a Writing from the Di- 
rector-General, and on their Return, a Note from the Factors 
of the said Places, residing there for the Company, on Pain of 
Forfeiture of the Ships, Vessels, and Cargoes to the Profit of 
the Company, and of further Forfeitures. Publish'd in Fort- 
Amsterdam. This is Dutch Records, New-York, No. 2, Fol. 5. 

1642. May 15. 

Another Copy from the same Dutch Book of Records, being 
an Order or Resolution ; taking notice that some English had 
dared to come into their South River, across over against their 
Fort Nassau, where they had seated themselves in the Schuilkill, 
without, having Commission from any Potentate, being a 
Matter of ill Consequence, and Disregard of their High Mighti- 
nesses, and the Interest of the West-India Company, whereby 
their Trade, which they have in the South River, is made use- 
less; therefore it's resolved, in the Assembly, to fetch away the 
English, from the Schuilkill, in the properest manner possible. 
This is Dutch Records, New- York, No. 2, Fo. 6. 
May 22. 

Another Order from the same Book, for Jan Jansen van Ilpen- 
dam, Factor of the West-India Company, how to conform him- 
self, in the South River of New Netherland ; namely, to go, with 
two Sloops, and as many Men as he can procure in the Schuilkill, 
where the English have now lately taken Possession, and de- 
mand of the English their Commission, and by what Authority 
they have dared to take from us our Jurisdiction, Goods, and 
Commerce, and having no Royal Commission to seat themselves 
in our Limits, he shall constrain them peaceably to depart, 
that no Blood be spilt : If they refuse, to secure and bring them 
on board the Sloops, hither; taking care that He remains Mas- 
ter, and maintains the Reputation of their High Mightinesses 
and the West-India Company; and after the Departure, or 
Seising, of the English, to ruin the said Place to the Ground. 
Done in Our Assembly at Fort Amsterdam, in New Netherland. 
This is Dutch Records, New- York, No 2, Fo. 6. 

1644, March. 

From the same Book, a Notification, from the Fiscal General 
of New Netherland, to one Govert Cookermans, that he should 
not undertake, in the Company's usual Trading place, where 
the Factor Jan Jansen van Ilpendam uses to trade, in the South 
River of New Netherland, to trade with the Indians; and, in 
case he shall do, or has done, to the contrary, then the Fiscal 



286 PENNSYVLANIA AND MARYLAND 

General protests against him for all Damages the honourable 
Company shall suffer. This is Dutch Records, New-York, No. 
2, Fol. 4. 

1646, Jxdy 2. 

From the same Book, a very formal Patent, from William 
Kieft, Director-General, and the Council, under the Prince of 
Orange, and the West-India Company residing in New Nether- 
land, granting to Abraham Plack, Simon Root, Jan Andrieson, 
and Peter Harmens, that they may settle themselves in the 
South River, and take Possession of the Lands lying therein, 
almost over-against the little Island called Vogels Sant; of 
which Land is granted to them 100 Morgen of Land to settle 3 
or 4 Plantations: under Condition to acknowledge the Mana- 
gers before-named for their Lords and Patrons, under the Sov- 
ereignty of their High- Mightinesses; and to be subject to all 
such Rates and Duties as are already, or shall be establish'd ; 
and the said Land is further described to be lying on the West- 
side of the South River. Dated at Fort New Amsterdam, with 
Promise of further Land, provided they build. Signed by Order 
of the Director-General and Council of New Netherland, and 
their Secretary, and sealed with red Wax. This is Dutch 
Records, New-York, No. 2, Fol. 26. 

1647, Sept. 20. 

From another Dutch Book of Orders and Resolutions, Pro- 
position made by the General, Peter Stuyvesant, to the Board 
of the Honourable Council. 6. Whether Andries Huddie shall 
continue in the South River, or who to send thither; because 
it is highly necessary that a fit Person be continued there? By 
the Director General and Council it is resolved to continue the 
said Andries Huddie, for the Service of the West India Company, 
as Factor in Fort Nassaw, in the South River of New Nether- 
land, and he to have Appointment and Wages, as allowed to 
other Factors abroad. This is Dutch Records, New York, No 2, 
Fol. 26. 

We have seen what Officer Andries Huddie was, under the 
Dutch. 

1648, Nov. 17. 

Now follows, from the Dutch Records, a Report, or Repre- 
sentation, made by A. Huddie dated at Fort Nassaw in New 
Netherland, 17 Nov. 1648, with this Title; A short, yet true, 
Declaration of the Proceedings of Johan Prints, Governor over 
the Swedish Troops in the South River of New Netherland, as 
also the Swedish Settlement in the said River, found in the 
first of November, 1645. This Piece is long, wherefore we shall 



BOUNDARY QUESTION. 237 

give a short Extract of it. He says, At the coming in of the 
River, three Miles from the Mouth, upwards, on the Eastern 
Shore, lyes a Fort, called Elsingburgh, garrisoned with 12, and 
a Lieutenant, four Cannon of 12 Pounders, and a Potshead, 
and that that Fort was erected by Johan Prints, and,, by that 
Fort, keeps the River close to himself, and stops all Vessels 
there, even those of the Honourable Company, going from the 
Manhatans to their designed Place, even by firing at them, 
so that they must go up the River, about six Miles, to the said 
Prints, for Leave to come up higher. Further up, on the Western 
Shore, in the Mingas Creek, lyes a Fort called Christina, no setled 
Garison, but is reasonably provided, and is the Chief Place of 
the Trade, where the Factor keeps his Residence, and there is 
the Magazines of all Merchandizes; and this is the first Fort 
that is built by the Swedes, under the Command of Peter Min- 
uit, in the Year 1688, altho' the Company had sufficient Settle- 
ments, in the River, of Fortifications, Men, and Stores of War, 
and that, above 14 Years before the Swedes had; which Peter 
Minuit has served the Honourable Company as Director in this 
Country. Further, on the same Side, about two Miles up, they 
begin to settle some Plantations, which they continue for about 
a Mile, but the Houses few and scatter'd, and stretch as far as 
about the Island Tinnekonk ; Where the Governor Prints re- 
sides, lyes a pretty strong Fort of Pine Beams, but it was burnt 
down, 5 December 1645. What relates to the Schuilkill, Avhich 
are the Honourable Company's purchased and possessed Lands, 
He has ruin'd the Company's Buildings; and, instead thereot, 
erected a Fort, about Musket Shot from the Creek ; which 
Creek is the only Place left for Trade with the Mingaes, and, 
without that Trade, this River is of small Importance. Further, 
a little beyond this Fort, near Kinsessinge, which has been a 
Continual Place of Trade for us with the Mingaes; but is now 
possessed by the Swedes, with a Strong House. Further, about 
half a Mile, through the Woods, Governor Prints, has erected 
a Mill, on a Creek that runs into the Sea, a little to the South- 
ward of Matinneconck. And, over the Creek, a Strong House, 
right upon the Path of the Mingaes. So there is no Place open, 
to draw in the Mingaes, as he has, in his Hands, the greatest 
Power of the Trade with the River Indians, who go a hunting, 
and can't come through, without passing by this Place. The 
Strength of his People consists in about 80 or 90 Men, at most 
Freemen, and Servants; wherewith he must garrison all his 
Places. The Fortifications and Garrisons of the Honourable 
Company, because they are sufficiently known, (says Andrew 
Huddie) is here left out. Then, he goes on to report what hap- 
pened, between himself and the Swedish Governor Prints, on 



238 PENNSYLVANIA AND MARYLAND 

the 23d of June, 1646, who stopt then a Vessel, Julian Blanck 
Master, and Cargo, sent to the said Huddie for Trade to the 
Schuilkill, and of the several Debates and Conferences, and 
Papers, that pass'd thereon ; Huddie insisting on the Right of 
the Dutch, and their West India Company, and Governor Prints 
insisting on the Right of the Queen of Sweden, and stopping 
that Ship. Then Huddie proceeds to give an Account that, on 
7 Sept. 1646, he having received strict Orders to buy Land of 
the Indians, on the Western Shore, about a Mile North from 
Fort Nassaw,he did so and put up the Company's Arms thereon, 
and took Possession thereof, and several Freemen made ready 
to build there : But, the Swedish Factor, Huygen, came 
down, from above, took down the Arms, and committed a great 
Riot and Disorder there, on the 30th of the same September, 
and brought down Governor Prints's Protest, declaring it wa s 
the Queen of Sweden's own Ground, and Lands, and taking 
Notice that these secret underhand new Purchases, by the 
Dutch, shewed how little was to be relyed on of their pretended 
ancient Right, thentofore talkt of by them. And that Protest 
was dated at New Gottenburg. The said Huddie also relates 
his firing at, and endeavoring to stop, a Swedish Vessel, going 
by Fort Nassaw up the River on the second of April, 1648, and 
gives a Copy of the Protest which he sent, upon that Occasion, 
to Governor Prints. He also reports that, as the Swedes had 
carryed many Pine Beams to the Schuilkill, so he, apprehend- 
ing they meant to build at the Places where the Vessels lye 
and trade, sent an Account thereof to the Dutch Goverenor, 
who sent him Orders that, if the Swedes should come to build, 
and a new Settle any unsettled Places, he, the said Huddie, 
should, in the Name of the Company, with all Civility, settle 
next to him ; and having received Accounts that the Swedes 
had anticipated, and already made some Buildings there, he 
went thither, and, by the Consent of the Sachems, attempted 
to build, and Sachems did the Swedes go off, for that they the 
Swedes had possessed against the Sachems Mind, who had 
given it to Huddie; and Huddie planted the Prince's Flag, &c. , 
in Token of Possession, and erected the House; but, in the 
Evening, the Swedish Factor, and seven or eight Men, came 
and enquired into it; The Indians sayd they had sold it us, 
and that we should dwell there, and that the Swedes had 
nothing to do to build there, for that they possessed enough 
already, in Matinnekonk, the Schuilkill, Kinsessingh, Kakari- 
com, Upland, and other Places, which had been altogether stole 
from them ; Minuit, about 11 Years past, having bought no 
more than a small Piece at Paghahackinge, to plant some To- 
bacco, whereof the Natives were to have one half for an Ac- 



BOUNDARY QUESTION. 239 

knowledgment, and that the Swedes were now lately first come 
into the River; but we, the Dutch, had conversed here above 30 
Years; so Huddie proceeded in the Work, and set Pallisadoes 
about the House; but the (Swedish) Lieutenant of the Fort in 
the Schuylkill come, with 24 Men, with Fire- Arms and Matches, 
and with Axes destroyed the whole Work. That on the 10th 
of June the principal, and true Owners publickly conveyed the 
Schuilkill,and renewed the Sale which was formely made to Ar- 
ent Corse, (former Factor there) of the Schuilkill,and the Lands 
adjoyning, whereof two of the Dutch Council took publick 
and lawful Possession. After that, one Hans Jacobse began to 
seat himself in the Schuilkill, but was obstructed by the Swedes, 
commanded by Governor Prints, who burnt what Jacobse was 
building. So also, one Thomas Broen went to seat himself at 
Newhooven ; but, after three Hours, the Swedish Adjutant came 
and pulled that down. Afterwards, on 8 September, News came 
that the Swedes had set up a House before the Fort Beevers 
Reede, whereby the Approach to that Fort is shut up. And 
came in the Night, and pulled down the Palisadoes of that Fort, 
and broke through it, whereupon the said Huddie sent a Pro- 
test to the Swedish Governor Prints. And thus ends this Report. 
And this Exhibit is Dutch Records, New York, No 2, and 
begins at Fol. 7. 

1649. Apr. 15. 

The Copy of an Original Indian Deed of Sale to the Dutch, 
of Lands in the South River, whereby Bycheske and Hysiackan 
declare, in the Presence of several Indian Witnesses, being the 
Chief of those Quarters, and of the Commonalty there, to sell, 
in Consideration of a Parcel of Merchandize received in Hand. 
A certain Parcel of Land, in the South River of New Nether- 
land, on the East Side of the said River, stretching from 
the Land called Roophakesky, being over against the 
Creek of Nejeck Northerly, up, along the River, to the 
South Corner of an Island called Pincoe Rockanningh, 
which Place is called by the Natives Mechopinachan, 
further up the Wyquanaonge, Wysoktchouck, Nepatchtea, 
Pepiscrikas, are over the Southerly End of the said Is- 
land, and further beyond the said Island, unto Necheckei- 
ouw, further up the River, and is called Passanoonoe, 
Andemoerara, and herein is comprehended the said Island 
Pincoe Rockaningh, within these Limits and Bounds 
being, and up in the Country four Miles, or so much 
more or less as the Possessors shall think fit. 
To hold to Andries Huddie, Alexander Boyer, Simon Root, 
Peter Harmans, and others. This is Dutch Records, New York, 
No 2, Fol 27. 



^40 PENNSYLVANIA AND MARYLAND 

1654. Octob. 17. 

From the same Book of Records, a Protest signed by Hen 
drick van Deswick, Factor of the General Council of Trade, 
and Southern Company in Sweden, directed to the general 
Director and Council of the New Netherland. Complaining 
that having come into the Fort Amsterdam, with the Ship the 
Golden Hay, on the 12th of September last, and sent on Shore 
there for a Pilot, to convey him to the South River, his Ship 
had been seised and appraised, and he himself and his Men 
imprisoned, on pretence that the new Swedish Governor, Jan 
Rising, had caused the Fort Casimir to be taken from them ; 
which was a groundless Pretension, because the Dutch had 
built that Fort in 1651, on the Queen of Sweden's Ground, by 
Violence and Force, and against which the late Swedish Gov- 
ernour Johan Prints had then protested ; so that the new 
Swedish Governour Rysing has taken nothing from the Dutch) 
but only recovered that which belongs to her Swedish Majesty. 
This is Dutch Record, New-York, No. 2, Fol. 29. 

Octob. 27. 

A Counter-Protest, from Peter Stuyvesant, the Director Gen. 
eral, and the Council of New -Netherlands; offering to restore 
the Swedish Ship, if their Fort Casimir and the Ammunition, 
&c. , were restored; Complaining of the Swedes treacherously 
having seized that Fort Casimir. As to Fort Casimir having 
been built on the Queen of Sweden's Ground, they declare, that 
that is not, nor cannot be proved ; but, ont he contrary, the said 
Director and Council oiler to show, and prove, here in this 
Country, and not at the Hague or Stockholm, by authentick 
Writings, and living indifferent Witnesses, Christians and In- 
dians, the States General, and West-India Company's un- 
doubted Right and Property on the Lands in the South River; 
and that, by Virtue of First Discovery, ancient and first Pos- 
session, sealed with their Blood, the erecting of divers Forts 
heretofore, both on the Eastern and Western Shore, below, 
above, and in the Centre of the River, as also by legal Pur- 
chase, and Conveyance of sundry Tracts, acquired of the true 
Loi'ds of the Soil, even of that Land on which Fort Cazimir is 
built; whereon they do not only and absolutely ground their 
undoubted Right to the whole South River, but on their ancient 
and first discovery many Years before any other Christian Na- 
tion, even the Swedes themselves, who, in 1G38, began to anti- 
cipate on this South River, &c. Dated at New Amsterdam in 
New Netherlands. This is Dutch Records, New York, No. 2, 
Fol. 31. 
1655, Aug. 31. 

From the Dutch Book of Records. A Copy of a Receipt 



BOUNDARY QUESTION. 241 

whereby some Person acknowledges to have received, of Thomas 
Willeth, 1,500 Guilders in black and white Wampum. With an 
Entry (under the same) signed by the Director and Council, 
that the General takes that Wampum with him, on the Expe- 
dition to the South River, to make use of the Moneys for the 
Service of the Company, for paying of Soldiers, or victualling, 
or making presents to the Natives. Wherefore if any Accident 
happens, the Company must pay that Money to Willeth. Also 
another Entry, that the General and Mr. Sille being going to 
the South River, whereby the Number of the Council will be 
reduced, two other Persons are to be assumed and added to the 
remaining Councillors. This is Dutch Records, New York, No. 
2, Fol. 28. 
1655. 

From another Book of Dutch Records, A Commission, from 
the Dutch Governour Peter Stuy vesant, and the Council at New 
Amsterdam in the New Netherlands, appointing John Paul 
Jacques, Vice Director and Chief of the said South River of 
New Nether] and, as also over the Fortresses, Lands, and other 
Places lying on the said River, and for the Security of the Fort 
Casimir, and other Places, to keep and establish good Orders, 
and cause the same to be observed in all matters relating to 
Trade, Policy, Justice, and Militia, as also over the sol- 
diers, sailors, free Persons, high and subaltern Officers, &c. To 
command all, for the West-India Company's Service, to ad- 
minister Right and Justice, as well in Civil as in Military, &c. 
This is Dutch Records, New York, No. 2, Fol. 41. 

1656, Apr. 12. 

From the like Book, A Grant, from the Director General and 
Council of the New Netherlands, past at New Amsterdam, 
granting, unto Thomas Broen, a Plantation lying in the South 
River, below Fort Casimir. Dutch Records, New- York, No. 2. 
Fol. 38. 
Aug. 25. 

Another like Grant unto Jacob Dehinse, of two (Town) Lots, 
near Fort Casimir, being the 18th and 67th Lots. Dutch Records, 
New York, No. 2, Fol. 38. 
Sept. 1. 

Another like Grant, unto Jan Picolet, of Land, in the South 
River, to the Southward of Fort Casimir, bounded on several 
other Persons Plantations. Dutch Records, New York, No. 2, 
Fol. 39. 
Sept. 12. 

Another like Grant, to Philip Jansen Ringo, of a Lot for a 
16— Vol. XV. 



242 PENNSYLVANIA AND MARYLAND > 

House and Garden, below Fort Casimir, bounded on another 
Plantation in the South River. Dutch Recurds, New York, No. 
2, Fol. 39. 

Sept. 13. ' 

Another like Grant to Constantine Groenenburgh, of a Lot 
for a House and Garden, in the South River, below Fort Casi- 
mir, being Lot No. 20. and bounded by other Persons Lots. 
Dutch Records, New York, No. 2, Fol. 39. 

Sept. 13. 

Another like Grant to Hans Alberts, of a Lot for a House 
and Garden in the South River, by Fort Casimir, in the second 
Row, bounded by several other Neighbours. Dutch Records, 
New York, No. 2, Fol. 40. 

Sept. 22. 

Another like Grant to Jan Hendrickse, of a Lot for a House 
and Garden in the South River, by Fort Casimir, being the 35th 
Lot in the second Row, bounded on several Neighbours. Dutch 

Records, New York, No. 2, Fol. 40. 

Nov. 30. 

Another like Grant to Andries Huddie, of a Lot for a House 
and Garden in the South River, nigh Fort Casimir, being the 
15th Lot. Dutch Records, New York, No. 2, Fol. 37. 

Nov. 30. 

Another like Grant, to Alexander Bowyer, of a Plantation 
in the South River, to the North of Fort Casimir, bounded by 
one Neighbour. Dutch Records, New York, No. 2, Fol. 37. 

1657. Apr. 12. 

A Conveyance from the Director and Council of New Nether- 
lands, (in Virtue of Orders rceeived from the West-India Com- 
pany, bearing Date 19 Dec. 1656,) unto Jacob Alricks, Director 
and Commissary (under the City of Amsterdam) over their 
Colony in the South River, the Fortress Casimir, now called 
New Amstel, with a,ll the Lands thereunto, according to the 
first Sale of the Natives dated 19 July 1651, beginning on the 
West-Side of Christina Kill, to the Mouth of the Bay or River 
called Boomties Hooke, and as far up into the Country, as the 
Limits of the Minquaes; to hold, to the said Jacob Alricks, 
to the use of the Burgomasters and Governours of the City of 
Amsterdam. Dutch Records, New York, No. 2, Fol. 34. 

1658. Apr. 20. 

Peter Stuyvesant, the Governour. lays, before the Council at 
New Netherlands, several Matters for redress of the Company's 
Affairs in the South River, that necessary Orders might be set- 



BOUNDARY QUESTION. 243 

tied there, and the Rights of the West-India Company might be 
taken care of ; particularly, in collecting the Customs, for goods 
inwards and outwards, because there are great Frauds, much 
Peltry being shipped of, without Entry; and several of the In- 
habitants of the Colony of New Amstel petition to settle about 
ttie Fortress Altena, within the District of the Company, and 
to begin Plantations ; also, some necessary Orders are wanting, 
concerning the Swedes. On all which Matters the Council 
advise Governor Stuyvesant to go thither, himsef speedily. 
Dutch Records, New York, No. 2, Fol. 35. 

Octob. 28. 

A Commission, from the Director General and Council of the 
New Netherlands, appointed William Beckman, Factor and 
Vice Director over the Lands, Forts, standing Forces and Free 
People on the South River, to keep and make good Orders, 
Right and Justice amongst them, in Civil and Military, to 
administer, &c. Dutch Records, New York, No. 2, Fol. 36. 

1664. July 3. 

From the Records in Newcastle County. A Grant from 
Alexander Hyniossa, Governor of New Amstel, under the 
Burgomasters of the City of Amsterdam, unto Gerret vaii 
Sweeringen. of a "Piece of Land, on the South-side of the Fort, 
in breadth 1600 Rod, and in length 2000 Rod; on Condition to 
acknowledge the Burgomasters of Amsterdam and the States 
General for his Lords and Masters, and to obey their Governors 
and Council there, &c. This is proved to be a true Copy from 
Newcastle Records, by Messrs. Shaw and Lardner, and is in 
Newcastle Records, No. 11, Fol. 3. 

It's hoped, that all these antient Records from one of the 
King's own Provinces (New York), will most abundantly prove 
that the Dutch were possessed from 1629 to 1664, of New York, 
as their head and chief Settlement, and also of the South River, 
(which is now Delaware River) as dependant on their great Set- 
tlement. 

Likewise, that the Swedes, also, had a Possession on the South 
River and Forts there. 

It only remains, (on this Head) to fix the several Places men- 
tioned. 

To which purpose, we have an ancient Map, which is a Dutch 
Map, and has the Dutch Arms upon it, and must have been 
published whilst they had Possession of the Country, (which 
Possession they ai*e now going to lose immediately) for it was 
to no purpose to make Maps of any Country after they had 
lost it. This Map has no Date to it, nor have Maps usually 
any Dates to them. But it's intitled Novi Belgii, Novteque 



244 PENNSYLVANIA AND MARYLAND 

Anglise, Necnon partis Virginia Tabula, multis in locis emen- 
data a Nicolao Joannis Visschero. And this Map is spoke to 
by Mr. Greeme, and is marked Bid, and shews abundance of 
Matters to our Advantage, viz. 

1. It shews that Cape Hinloop, Fort Casimir, Fort Christina, 
Mattinnakonk, and Schuilkill, are all on the West side of 
Delaware Bay and River (being that Side where the three Lower 
Countrys now are.) 

2. By calling it, still, Fort Casimir, and not New Amstel, it 
should seem to have been published before 1657; for we see 
above, that in April 1657, that Place had got its new Name of 
New Amstel, amongst the Dutch. 

Note. 

Fort Casimir, New Amstel, and now Newcastle, are all of 
them the successive Names of the self same Place. 

3. This Dutch Map lays down the Line of the 40th Degree 
(compleat) not more than 3 Miles above the Head of Chesopeak 
Bay. But, above all other Matters, 

4. This old Dutch Map, acquits the Plaintiffs of one Imposition 
which the Defendant would fain charge them with, viz. of put- 
ting Cape Hinlopen in his Map too low ; he pretending it ought 
to have been put more Northerly, at the Place where Cape 
Cornelius was put; for, this old Map (as well as another, which 
we shall come to in 1671,) lays down both Cape Hinlopen and 
Cape Cornelius, seperately and distinctly, as two several Capes; 
and it lays down Cape Hinlopen about 19 Miles more Southerly 
than Cape Cornelius; and exactly in the self same manner as 
my Lord Baltimore's own Map of 1732 placed them. So that, 
indeed, the Plaintiffs did not (in 1732) invent this matter, or 
impose upon Lord Baltimore therein, as he has most unhand- 
somly charged upon them, contrary to his own certain Know- 
ledge, nor did the Dutch orginally, and in their Maps, call the 
Place Cape Hinlopen, which in my Lord's Map is called Cape 
Cronelius, (which is the very Matter put in Issue by my 
Lord's Answer) but their Maps were, inthis respect, mostexactly 
like my Lord's own Map. 



BOUNDARY QUESTION. 245 



Chap. III. From the latter End of the Year 1663, when King 
Charles granted New York, &c, to the Duke of York, and 
the Dutch were consequently dispossessed of their great and 
small Settle merits, down to the Year 1673 ; during all which 
time the Duke of York possessed and governed New York, 
and thelower County s also. 

16 Car. II. 1663. Mar. 12. 

From the Chappie of the Rolls. Copy of the Grant made to 
the Duke of York by Letters Patent, of all that Part of the 
Main Land of New England, beginning at St. Croix, next ad- 
joining to New Scotland in America, and extending, along the 
Coast, to Pemaquid, and so, up the River thereof, to the furthest 
Head of the same, as it extended Northwards; and extending, 
from thence to the River of Kinebequie, and so, upwards, by 
the shortest Course, to the River Canada, Northwards; and 
also, all that Island called Mattowacks, or Long Island, lying 
towards the West of Cape Codd and the Narrohigansetts, abutt- 
ing upon the Main Land between two Rivers there, severally cal- 
led Connecticut's and Hudson's River; and the said River called 
Hudson's River; and all the Land, from the Wf>st side of Con- 
necticut River, to the East side of Delaware Bay: and also all 
those several Islands called Martin Vinyards and Nantukett; 
Together with all the Lands, Islands, Soils, Rivers, Harbours, 
Mines, Minerals, Quarries, Woods, Marshes, Waters, Lakes, 
Fishing, Hunting and Fowling, and all other Royalties, Profits, 
Commodities and Hereditaments, to the said several Islands, 
Lands and* Premisses belonging and appertaining, with their 
and every of their Appurts: and all the King's Estate, Right, 
Title, Interest, Benefit, Advantage, Claim and Demand, of, in 
or to the same, or any part thereof; To hold to the Duke of 
York in Fee, to be held of the King, as of the Manor of East 
Greenwich, in free and common Soccage, and not by Knights 
Service; rendering 40 Beaver Skins Yearly; with Powers of 
Government, &c, granted to the Duke of York ; and to appoint 
Governours, Officers and Ministers under him: And an express 
Power (Fol. 4. ) to the Duke of York, his Governours and Officers, 
for their Defence and Safety, to encounter and expulse, by 
Force of Arms, as well by Sea as by Land, all such Persons as, 
without their Licence, should attempt to inhabit, within the 
several Precincts and Limits of his Majesty's said Territories 
and Islands, &c. This Exhibit is prov'd by Bulmer, and is 
Rocha No. 4. 



246 PENNSYLVANIA AND MARYLAND 

Note. 

It's pretended that, as this Grant to the Duke of York, whsn 
coming from the Eastward, extends only to the E as t side of 
Delaware Bay. so, that it did not, by express Words, include 
the three lower Counties, which are on the West side of that 
Bay: But, it was a very large and extensive Grant, of several 
very large Tracts and Territories in America, and past (as we 
say) all Lands appertaining to those extensive Tracts. And this 
is the single weak Point in our whole Case. 

This Grant was made, in order to drive out the Dutch, and 
so they immediately did. 

1664. Apr. 2. 

From the Records, in his Majesty's Secretary's Office in New 
York, an Exemplification and Inspeximus under the Great Seal 
there, of a Commission from the Duke of York, of this Date, 
reciting the said Grant to him, and constituting and appoint- 
ing, Richard Nicholls Esq; his Deputy Governour, within the 
Lands, Islands and Places aforesaid, and to follow all such 
Orders and Instructions as he should from time to time receive 
from the Duke. This Exhibit is also proved to be a true Copy, , 
by two Persons, Noxon and Vandespiegel, and is in New York 
Records, No. 1, Fol. 3. 

Apr. 23. 

Copy from the Books at the Board of Trade of Publick 
Instructions from King Charles the 2d. to Colonel Rich- 
ard Nichols, Sir Robert Carr, George Cartwright, and Samuel 
Mavericke Esqrs. his Commissioners, to visit the Colony 
of the Massachusets Bay in New Engalnd ; the second of 
those Instructions is (Fol. 5.) to this Effect, viz. You shall, 
at large, discourse with them, all that we our self have 
discoursed with you, of reducing the Dutch in or near Long 
Island, or any where within the Limits of our own Domin- 
ion, to an entire Obedience to our Government; and to put 
them out of Capacity of doing the same Mischief as at Am- 
boyna; and to reduce them to the same Rules and Obedience 
with our own Subjects there; which you are to let them know 
is all we aim at, without any purpose of using any other Vio- 
lence, than is necessary to those Ends; and that no Man shall be 
disturbed or removed from what he possesses, who will yield Obe- 
di?nce to us, and live in the same Subjection Avith our other 
Subjects; and you shall desire Concurrence hereto, from the 
Massachusets, and such a Number of Men, and all other things as 
are necessary thereto ; and shall thereupon proceed, in such 
manner as you shall think fit, either by building of Forts 
about them, or, by using, such Force as cannot be avoided for 



BOUNDARY QUESTION. 247 

their Reduction, they having no kind of Right to hold what 
(hey are in Possession of, in our unquestionable Territories, 
than, that they are possessed of it, by an invasion of us. And, 
by another Set of Private Instructions, also given to the said 
Commissioners, at the same time, they were directed by his 
Majesty, in his first private Instruction, to acquaint all Men, 
that a great End of their Design was, the possessing Long 
Island and reducing that People to an entire Submission and 
Obedience to the King and his Government, now vested, by his 
Grant and Commission, in the Duke of York, and by raising 
Forts, or any other way, to secure that whole Trade to our Sub- 
jects, that the Dutch may no longer engross or exercise it, which 
they have wrongfully possessed themselves of; that whole Ter- 
ritory being in our Possession, before they, as private Persons 
and without any Authority from their Superiours, and against 
the Law of Nations, and the Alliance between us and their 
Superiours, invaded, and have since wrongfully detained the 
same, to the Prejudice of our Crown and Dignity, and therefore 
ought iii justice, to be resumed by us, unless they entirely 
submit to our Government ; and live as our Subjects, and, in 
that Case we will take them into our Protection, and they shall 
enjoy all their Possessions, (Forts only excepted) and the same 
Freedom in Trade, as our good Subjects. These Copies are 
proved by Mr. Gellibrand, and are in the Exhibit Botra No. 5. 

Apr. 26. 

Copy, from the Records in New York, of King Charles' Com- 
mission to those 4 Commissioners to visit the several Colonies 
in New England, and to hear, receive, examine and determine 
all Complaints and Appeals in all Causes and Matters as well 
Military, as Criminal and Civil, and proceed, in all things,. for 
the providing for and settling the Security of the said Country, 
according to the Instructions given, or to be given, to them. 
This is New York Records, No. 1, Fol. 4. 

Now we shall find the Commissioners got to America,. 

Aug. 15. 

A Proclamation, that his Majesty having sent the Commis- 
sioners, to expel, or reduce to his Obedience all Foreigners, as 
have seated thpm amongst any his Majesty's Dominions in 
America; all such, of what Nation soever, as will submit to 
his Majesty's Government shall enjoy their Possessions and 
Privileges as his Subjects; which the Commissioners publish, 
to clear themselves from the Charge of those Miseries that may 
befall such others, as live there and will not acknowledge the 
King for their Sovereign. New York Records, No. 1, Fol. 5. 



248 PENNSYLVANIA AND MARYLAND 

Aug. 19. 

Peter Stuyvesant, Governor and Commander in chief of the 
Council of the New Netherlands, writes a Letter from Fort 
Anill, in New Netherlands (to the Commissioners) sent by sev- 
eral Members of the Council and others, to desire to know the 
Meaning of an English Man of War arriving in the Bay of the 
North River of the New Netherlands, about three Days since, 
and three more arriving there since 'i New Y'ork Records, No. 
1, Fol. 6. 

Aug. 20 

Colonel Richard Nicholls writes an Answer, dated from on 
Boardh is Majesty's Ship the Guinea riding before Maijcktelling 
the Dutch Governour, that the King's Right and Title to those 
Parts is unquestionable, and therefore, requires the Surrender of 
all Forts, Towns and Places of Strength then possessed by the 
Dutch, and demands the Town upon the Island Manhatoes, 
with all its Forts to be rendered to him ; promising to secure 
Life and Liberty to those who submit, and those who oppose 
must expect the miseries of War. And this he sends by Mr. 
Cartwright, one of the Commissioners, and 3 others. New 
York Records, No. 1, Fol. 6. 

Aug. 22. 

Governour Stuyvesant, by a Note, owns the Receit of the said 
Demand, and will answer it to Morrow. New Y T ork Records. 
No. 1, Fol. 7. 

Aug. 23. 

The Dutch Governour Stuyvesant writes a long Answer, dated 
at Fort Amsterdam : Says, he won't at present Debate the 
Rights of the King, amongst other things, to Virginia, Mary- 
land, or others in New England ; but, that he has a Right to 
all the Lands in the North Parts of America, is what the Kings 
of France and Spain will disallow. As also, he the said Gover- 
nour does, by Virtue of a Commission given to him by the 
States General, to be Governour General over New Holland, 
&c. , dated 26 July 1646, as also by Vertue of a Grant and Com- 
mission from the States General to the West-India Company 
in the Year 1621, under their Great Seal, now produced to Col- 
onel Nicholls's Deputies. Moreover, it's acknowledged by 
all the World, that by Vertue of the said Commission and 
Patent of the States General, the Dutch have peaceably, and 
without controul, enjoyed Fort Orange, about 48 or 50 Years, 
the Manhatans about 41 or 42 years, the South River 40 
Years, and the fresh Water River about 36 Years. As to de 
livering up of the Places, the King has so much Equity 



BOUNDARY QUESTION. 249 

that, if he knew the Truth, which is, that the Dutch came not 
into these Provinces by any Violence, but by Commission from 
the States General, first of all in the Year 1614, 1615, and 1616, 
up the North River near Fort Orange, and in the Year 1622, 
there was a Commission and Grant to the Dutch West-India 
Company, and moreover, in 1656 a Grant to the Burgomasters of 
Amsterdam, of the South River, by which Grants they have 
been held, as also in right of their first Discovery, uninter- 
rupted Possession, and Purchase of the native Princes, and 
other Persons, the King, (on such Knowledge) would not grant 
any such Order, to demand their Places ; and protesting against 
this Demand, as an unjust Violence and Breach of the Articles 
of Peace. New York Records, No. 1, Fol. 7. 

Aug. 24. 

Colonel Nicholls's Warrant to Captain Hyde, the Com- 
mander of the English Squadron, to prosecute, by all ways 
and means, the speedy reducing the Dutch under his Majesty's 
Obedience. New York Records, No. 1, Fol. 10. 

Aug. 25. 

Governour Stuyvesant's Letter from the Manhatoes, in the 
Fort of Amsterdam, in New Holland, to Colonel Nicholls, that, 
following the Orders of the States General, he is obliged to 
defend the Place; but, to prevent spilling Blood, sends Depu- 
ties to treat for an Accommodation, and desires, in the mean 
Time, all Hostilities may cease. New York Records, No. 1, 
Fol. 10. 

Aug. 25. 

Colonel Nicholls writes that he insists on his first summons 
for a speedy Surrender of the Towns and Forts; and will not 
treat, save upon Articles for a Surrender. New York Records, 
No. 1, Fol. 11. 

Aug. 26. 

Governour Stuyvesant and his Council's Commission dated 
in Fort Amsterdam in New Netherland, in order to prevent the 
effusion of Blood, plunderings, murders, &c, appointing Dep- 
uties to treat. New Y'ork Records, No. 1, Fol. 11. 

1664. Aug. 26. 

Colonel Nicholls, Commander in Chief of his Majesty's 
Forces now beleaguering the Town on the Manhatons, by his 
written Answer, dated at the Camp before the Manhatans, ac- 
cepts of the Proposal made by the Governour and Council there, 
to treat by Articles of Surrender, and appoints Deputies on his 
part, to treat and conclude upon Articles of Surrender of the 
aforenamed Place. New York Records, No. 1, Fol. 12. 



250 PENNSYLVANIA AND MARYLAND 

Aug. 27. 

The Articles of the Surrender, whereby the Persons, Proper- 
ties, Liberties and Customs were to* be preserved; and the Sol- 
diers to march out, with their Arms, Drums beating, Colours 
flying, &c. , and Copies of the King's Grant to the Duke of York, 
and the Duke of York's Commission to Colonel Nicholls, to be 
delivered to Governor Stuyvesant on Monday next, signed by 
Colonel Nicholls, Deputy Governour to the Duke of York; 
and within two Hours after that, the Fort and Town called 
New Amsterdam, upon the Isle of Manhatoes shall be delivered 
into the Hands of Colonel Nicholls. New York Records, No. 
1, Fol. 12. 

Aug. 29. 

Governour Stuyvesant's Ratification of the said Treaty. New 
York Records, No 1, Fol. 16. 

Thus the Duteh great Settlement was reduced ,at what is 
now New York. And after that was done, the English pro- 
ceeded next, to the small Settlement, viz. 

Sept. 3. 

Colonel Nicholls and Mr. Cartwright, and Mr. Mavericke's 
Commission, dated at the Fort in New York, upon the Isle of 
Manhatans, reciting, that the Dutch have seated themselves at 
Delaware Bay, and drawn a great Trade thither; which, if 
they be permitted to go on, the gaining of this Place will be 
of small Advantage to his Majesty; wherefore having deter- 
mined to bring that Place, and all Strangers thereabout, to his 
Majesty's Obedience; the Commissioners appoint two of his 
Majesty's Frigates, and all the Soldiers which are not in the 
Fort, to go thither, under the Command of Sir Robert Carr, 
to reduce the same. And all Officers at Sea and Land are to 
obey Sir Robert Carr during this Expedition. New York Re- 
cords, No. 1, Fol. 12. 

Instructions to Sir Robert Carr for reducing of Delaware Bay, 
and settling the People there under his Majesty's Obedience; 
When you come near the Fort, which is possessed by the Dutch, 
send your Boat ashore, to summon the Governor and Inhabi- 
tants ; and let them know they shall enjoy their Houses, Goods 
and Privileges, only, they must change their Masters, whether 
they be the West India Company, or the City of Amsterdam. 
To the Swedes, remonstrate their happy Return, under a Mon- 
archical Government. The Cannon and Ammunition, which be- 
longs to the Government, shall remain to his Majesty. The Acts 
of Parliament shall be the Rule of future Trading in Liberty 
of Conscience to the People. If you can't reduce the Place by 
Force, send a Messenger to the Governor of Maryland, with 



BOUNDARY QUESTION. 251 

this Letter to him, and request his Assistance, and of all other 
English, who live near the Dutch Plantations. '.' To my Lord 
"Batimore's Son, You shall cJ lare, and to all the English 
'concerned in Maryland, that his Majesty hath, at his great 
'"Expence, sent his Ships and Soldiers to reduce all Foreigners 
" in those Parts to his Majesty's Obedience : and, to that Purpose, 
'•only, You are employed; But, the Reduction of the Place 
'"being at his Majesty's Expence, you have Commands to keep 
'"Possession thei-eof, for his Majesty's own Behoof and Right, 
"and that you are ready to join, with the Governor of Maryland, 
'"upon his Majesty's Interest, in all Occasions; and that, if my 
" Lord Baltimore doth pretend right thereunto, by his Patent, 
" (which is a doubtful Case) you are to say that you only keep 
"Possession, till his Majesty is informed and satisfyed other- 
wise." This Piece is not dated, nor signed by any one, but is 
in New York Records, No. 1, Fol. 15. 

Oct, 1. 

Articles of Agreement between Sir Robert Carr, on the Behalf 
of his Majesty, and the Bui-gomasters, on the Behalf of them- 
selves, and all the Dutch, and Swedes, inhabiting in Delaware 
Bay and Delaware River. The Burghers and Planters to sub- 
mit to his Majesty's Authority, without making any Resistance, 
to be protected in their Estates, the Magistrates to be continued, 
any Dutchman or other may depart, the Magistrates and all 
the Inhabitants to take the Oaths of Alegiance to his Majesty, 
and of Fidelity to the present Government, the People to en- 
joy Liberty of Conscience, and whoever takes the Oaths to be, 
from that Time a free Denisen. -New York Records, No. 1, 
Fol. 16. 

Now the English having gained from the Dutch, both their 
great Settlement at New York, and their small Settlement at 
Delaware Bay and River, we shall have abundant Proof, of the 
small Settlement being governed, granted out, ruled and or- 
dered, by the Duke of York's Governors at New York, in num 
berless Instances, as a Part and Appurtenance of that great 
Settlement at New York. 

Oct. 24. 

The King's Commissioners sign a Warrant, dated at New 
York, on Manhatans Island, appointing Colonel Nicholls to 
repair to Delaware Bay, and there to take special Care for the 
good Government of the said Place, and to depute such Officers 
therein, as he shall think fit, for the Management of his 
Majesty's Affairs, Civil and Military. New York Records, No. 
1, Fol. 17. 



252 PENNSYLVANIA AND MARYLAND 

Oct. 26. 

Governor Nicholls signed four Papers, at Port James in New 
York, on Manhatans Island, this Day. By the first he gave 
a Licence to Elizabeth Cousturier, to transport herself and 
Goods to Delaware Bay, and there to trade or traffick with the 
same. By the second, he certified that Captain Hyde, of his 
Majesty's Ship the Guinea, had delivered a Flag for his Majesty's 
Service in the Fort of New York, and another Flag, and Sea 
Compass, to Sir Robert Carr at Delaware Bay. By the third, 
he certified that Captain Hyde having worn a Jack Flag, at 
his Main Top Mast head, in those Parts, was, by the Advice 
and Allowance of the King's Commissioners. And, by the 
fourth, he certified that the said Captain Hyde had spared 
two Barrels of Power, and 20 Iron Shot, which were spent at 
the reducing of the Fort at Delaware aforesaid under his 
Majesty's Obedience. New York Records, No. 1, Fol. 17, 18. 

The same Day. 

The said Commissioners signed an Order, dated at James 
Fort in New York, on Manhatans Island, to Captain Hyde, 
Commander of his Majesty's Ship the Guinea, to sail directly 
for Portsmouth, giving his Royal Highness Notice of his Ar- 
rival. New York Records, No. 1, Fol. 18. 

3665. June 12. 

Governor Nicholls issues out an Order, dated at Fort James 
in New York, whereby, in Virtue of the King's Grant to the 
Duke of York, he revokes the Form and Ceremony of Govern- 
ment of that his Majesty's Town of New York, under the Name 
of Scout, Burgomasters, and Chepens; and for the future Ad- 
ministration of Justice by the Laws established in these the 
Territories of his Royal Highness by Persons to be appointed 
Mayor, Aldermen and Sheriffs, according to the Custom of Eng- 
land in other his Majesty's Corporations. New York Records, 
No. 1, Fol. 19. 

July 5. 

Governor Nicholls, at Fort James in New York, grants a 
Licence of Alienation to Jacob Vis, to sell his real Estate, con- 
sisting of a House and Garden, at, or near Newcastle in Dela- 
ware Bay, to any Person living within this Government. New 
York Records, No. 1, Fol. 20. 

Nov. 11. 

Governor Nicholls, by his Licence, dated at Fort James in 
New York, grants Leave to Peter Alricks to trade, or traffick 
with the Indians, in and about Hoarekills, in Delaware Bay, for 
Skins, Peltry, or other Commodities ; the said Alricks making 



BOUNDARY QUESTION. 253 

due Entry with the Officers at Delaware, of the Quantity or 
Quality of such Commodities as he shall trade for. New York 
Records, No. 1, Fol. 20. 
The same Day. 

Governor Nicholls, by his Pass, dated at Fort James in New 
York, permits the said Alrick, with his Servant and six Horses, 
to pass from New York to Delaware, and, from thence, into 
Maryland, and so to return about his Occasions. New York 
Records, No. 1, Fol. 20. 

1666. Mar. 20. 

Governor Nicholls, by an Order, under his Hand and Seal, 
dated in Fort James at New York, and directed to the Collector 
and Receiver General of the Customs at New York, (and it is 
there said, that another was sent to Delaware) takes notice of 
the Necessity of granting some temporary Privileges for En- 
couragement of Trade between the Port of New York and Dela 
ware River; and that, the Tenths of all Sorts of Goods, Liquors, 
Peltry, &c, by former Practice and Order, had been collected 
and paid, in or at the aforesaid Port and River; now, he orders, 
that (until contrary Order shall be published) no Sort of 
Goods, Liqnoi-s, or Peltry, shall be liable to pay any Custom, 
either in this Port, or in Delaware River, provided that due 
Entry and Certificate be made and given of all such Goods, 
Liquors, or Peltry, which shall be transported to or from this 
Port, and Delaware River. New York Records, No 1, Fol. 21. 

1667. July 21. 

A Copy which was reprinted by the King's Printer, and by 
his Majesty's special Command, so long ago as 1685, of the 
Articles of Peace and Alliance between King Charles the 
Second, and the States General, at Breda. By the third Article 
whereof, (Fol. 56.) It was agreed, "That both the Parties, and 
"either of them, shall keep and possess hereafter, with plenary 
"Right of Sovereignty, Propriety, and Possession, all such 
"Lands, Islands, Cities, Forts, Places and Colonies, (how many 
"soever) as, during this War, or in any former Times before 
"this War, they have, by Force of Arms, or any other way 
"whatsoever, gotten and detained from the other Party; and 
"that, altogether after the same manner as they had gotten, and 
"did possess them the 10-20 Day of May last past; none of the 
" same Places being exempted. " Printed Book of Treaties, Fol. 
55, 56. 

Certificate from the King's Prothonotary in Chancery, that 
he cannot find any Inrollment of that Treaty, or any Original, 
or other Transcript, or Memorial, of it. Paper Certificate. 

Note, It is indeed lost, and was never inolled, great En- 



254 PENNSYLVANIA AND MARYLAND 

deavours having been used to And it, at every publick Office, 
but in vain, as is proved by Paris. 

In 1664, the Crown had conquered from the Dutch both their 
Settlements, and had, since, possessed the same ; but now the 
Dutch, as we see, added a Cession of the sam<\ After which, 
we shall find the Instances, of what we are proving, much 
stronger, and more frequent, than before. 

Jan. 8. 

From the Records in New York. Governor Nicholls's Grant 
of Confirmation unto Johan Hendricks, Niels Nielson Sen. 
Hendrick Nielson, Mattys Nielson, and Niels Nielson Jun. 
their Heirs and Assigns for ever, for a Plantation, to each of 
them, at Newcastle, viz. scituate on the Verdrietige Hook, or 
Corner of Land, so extending to the Stone Hook, which had 
been before granted to them the fifth of March, 1663, and the 
15th of June, 1^64. Five Bushels of Wheat Acknowledgment. 
New York Records, No 3, Fol. 3. 

The same Day. 

From the Records in New York. Governor Nicholls's Grant 
of Confirmation unto Captain John Carr, of a Piece of Land 
with a Plantation thereon, containing 50 Acres, and another 
contiguous Piece of Land and Bowery thereon, containing 100 
Acres both scituated at Newcastle upon Delaware, upon the 
first Hook or Corner of Land, above the Fort, on the North 
East Side thereof, and mentioned to be bounded by three othe r 
Persons Lands, which Lands, &c. , had been purchased from the 
Owners by Anthony Bryant, and by him since sold for a valuable 
Consideration to the said Captain John Carr; and, for a Con- 
firmation to him of his Possession and Enjoyment, this Patent 
is granted. Two Bushels of Wheat Acknowledgment. New 
York Records, No 3, Fol. 3. 

1668. Mar. 25. 

Now Francis Lovelace Esq ; appears to be Governor ; but 
his Commission does not appear. From the Records in New 
York. Francis Lovelace's Grant of Confirmation to Hans 
Block, for a piece of Land at Delaware, upon the second Hook, 
or Neck, above the Town of Newcastle, and some Meadow Land, 
containing together, 120 Acres, bounded by four Neighbours 
Lands. The Quit Rent two Bushels. New York Records, No. 
3, Fol. 4. 

April 21. 

From the Records in New York. Regulations and Directions 
for the Settlement of the Government in Delaware, dated at 
Fort James in New York. It is necessary to hold up the 



BOUNDARY QUESTION. 255 

name and Countenance of a Garrison in Delaware, with 20 Men, 
and a Commission Officer. That the Soldiers be lodged in the 
Fort, and keep the Stockadoes up in Defence. That the Civil 
Government be continued, till further Order. It any Com- 
plaints shall be made of the Civil Magistrates, the Commission 
Officer, Captain Carr, is to call to him five Persons, therein 
named, as a Councill,to determine the same. They also are to 
advise him, in all Difficulties with the Indians, and for the 
arming the several Plantations and Planters, who must obey 
their Orders. Two Thirds of the Soldiers to remain, constantly, 
in and about Newcastle. Fines for light Offences to be moderate. 
The Commission Officer, Captain Carr, in the Determination 
of the chief Civil Affairs, whereunto the fore mentioned Coun- 
sellors are ordained, to have Casting Voice. The new appointed 
Counsellors; to take the Oath to his Royal Highness. The 
Laws of the Government, established by his Royal Highness, 
to be frequently cummunicated to the Counsellors and others. 
>No offensive War to be made, against any Indians, before you 
receive Directions from the Governor for so doing. In all Mat- 
ters of Difficulty and Importance, You must have Recourse, by 
way of Appeal, to the Governor and Council at New York. 
New York Records, No 17. Fol. 22. 

June 8. 

From the Records at New York. A Letter, writ from Gov- 
ernor Nicholls and Colonel Lovelace jointly, and dated at Fort 
James, directed to Captain Carr. Since our last, relating to 
the Indians, who murdered the Servants of Mr. Tom and Peter 
Alricks, one Rambo informs us that the Indians, in those Parts, 
desire there should be an absolute Prohibition, upon the whole 
River, of selling strong Liquors to the Indians: Therefore, you 
are to convene those Persons, who are joined with you in Com- 
mission, for the Management of the Civil Affairs ; and, with 
their Advice, give all necessary Orders for the good Government 
of Christians and Indians, and, what you conclude, must be 
remitted hither, and shall be confirmed, as if we had been pres- 
ent. New York Records, No. 1, Fol. 23. 

July 7. 

From the Records at New York, dated at Fort James in New 
York, on Manhatans Island, A Certificate, that, at the taking 
of the Fort and Town at Delaware, from the Dutch and reduc- 
ing of those Parts under his Majesty's Obedience, all the Goods 
and Servants, taken or seized upon in the said Fort or Town, 
belonging to the City of Amsterdam, or their Officers, were 
confiscated, and made free Plunder, and so disposed of accord- 
ingly ; and there being several Negroes taken away from Peter 



256 PENNSYLVANIA AND MARYLAND 

Alrieks, who fell into the Hands of Ensign Arthur Stock, he, 
afterwards, freely restored and bestowed 11 Negroes upon the 
said Alrieks, as a Grift, which was allowed, and approved of by 
me the Certifier. New York Records, No. 1, Fol. 23. 

Aug 27. 

From the Records at New York. A Certificate, dated at Fort 
James in New York, that Mr. William Tom came over, with 
the Certifyer, in his Majesty's Service and had ever since been 
in Office, and for two Years last past Commissary at Delaware, 
and having behaved well, and desired his Discharge, it is hereby 
granted to him. New York Records, No 1, Fol. 24. 

Nov. 17. 

From the Records at New York. An Order, under Hand and 
Seal, dated at Fort James in New York, directed to Captain 
John Carr, at Newcastle upon Delaware. Reciting, that Sir 
Robert Carr had received a Mare, at Delaware, which he pro- 
mised to pay Samuel Edsal for here ; but not having paid the 
same, as was also represented to the late Governor, Colonel 
Nicholls; therefore, authorising Captain Carr, with the Mag- 
istrates in Commission at Delaware, to make Enquiry of the 
Value of the said Mai'e, and to cause the same to be paid to 
Edsal, out of the Estate in those Parts belonging to the said 
Robert Carr. And for so doing this shall be a sufficient War- 
rant. New York Records, No 1, Fol. 24. 

Dec. 15. 

From the Records at New York. An Order, dated in Fort 
James there, reciting, that an Agreement had been made, with 
Peter Alrieks, about Mattinicom, alias Carr's Island, in Dela- 
ware River, and all the Stock, Goods, and other Materials 
thereon, heretofore, in your Care and Custody ; Therefore, re- 
quiring immediately to make a Surrender of the said Island, 
and Stock, and Goods, to Alrieks, or his Assigns, and return me 
a true Inventory, and Account of all the Stock and Goods, 
which was delivered you there by Sir Robert Carr. New York 
Records, No 1, Fol. 24. 

Mar. 23. 

From the Records at New York, a Confirmatory Licence of 
Alienation, there dated, (by Governor Lovelace) to confirm a 
Licence, granted by the late Governor, Colonel Richard Nich- 
olls, his Predecessor, unto William Beckman, to sell a House, 
and Lot of Ground at Delaware. New York Records, No. 3, 
Fol. 5. 

Mar. 24. 
From the Records at New York, a Confirmatory Grant, made 



BOUNDARY QUESTION. 257 

by Governor Lovelace, unto Jurien Jans, for a piece of Land at 
Delaware, upon Hook, or Neck, above the Town of New- 
castle, bounded by one Neighbour, and containing 46 Acres. 
The Quit Rent, one Bushel of Winter Wheat. New York 
Records, No. 3, Fol. 5. 
1669. Mar. 25. 

From the Records at New York. Governor Lovelace's Con- 
firmatory Grant, to Jacob Vander Weer, of a small Island, at 
Delaware, lying beyond Christeen Kill, bounded upon the Main 
by two other Neighbours. Quit Rent, two Bushels of Wheat. 
New-York Records, No 3. Fol. 5. 

Same Day. 

Governor Lovelace's like Confirmatory Grant, to Gerrit San- 
derson of two Pieces of Land at Delaware, bounded by four 
Neighbours, named. New-York Recoi'ds, No 3. Fol. 5. 

Mar. 26. 

Three more Confirmatory Grants, from Governor Lovelace. 
1. To John Sibrantse, of a Piece of Land, at Delaware, near 
the Horse Neck, called the Paerd Hook, bounded on one Neigh- 
bour. Quit Rent, one Bushel. 2. To Evert Gertson, of a Piece 
of Land, at Delaware, viz. in Newcastle, between Otter Street, 
and Calves Street, bounded on each Side by one Neighbour. 
Quit Rent, one Bushel. 3. To Paul Jaques, of 200 Acres of un- 
manured Land, along Christeen Kill, bounded by two Neigh- 
bours. Quit Rent, two Bushels. New- York Records, No 3. 
Fol. 6. 
April 8. 

Two more Confirmatory Grants, from Governor Lovelace. 
1. To Harman Reyners, of a Lot of Ground, at Newcastle in 
Delaware, with a House and Garden thereon, bounded by one 
Neighbour. Quit Rent, one Bushel. 2. To Neils Lawes, of a 
Piece of Land, at Delaware, near Upland, containing 150 Acres, 
bounded by one Neighbour. Quit Rent, one Bushel and a-half. 
New-York Records, No 3. Fol. 7. 

May 28. 

Governor Lovelace's Confirmatory Grant, to Olla Towson, of 
a Parcel of Land at Delaware, bounded by two Neighbours. 
Quit Rent, one Bushel. New-York Records, No 3. Fol. 7. 

Same Day. 

Two more Confirmatory Grants, from Governor Lovelace. 1. 
To Bernard Eken.of a House and Garden, in the Town of New- 
castle, bounded West with the Church Yard, and North with 
the Mart. Quit Rent, one Bushel. 2. To Bernard Eken, of a 
17— Vol. XV. 



258 PENNSYLVANIA AND MARYLAND 

Plantation, at Delaware, near Horse Neck, or Paerd Hook, and 
called Laymakers Hook, Quit Rent, one Bushel. New-York 
Records, No. 1. Fol. 25. 

July 1. 

Another Confirmatory Grant, from Governor Lovelace, to 
Simon Jansen and Mattys Berkelse, for a Parcel of Land, at 
Delaware, upon the Crane Hook, bounded by one Neighbour. 
New- York Records, No 1. Fol. 25. 

July 1. 

A General Order, dated at Fort James in New- York, Reciting, 
that there was an Order, made at the General Court of Assizes 
in 1666, that all Persons, who had old Patents, should bring 
them to be renewed, and those who had none should be sup- 
plied therewith by a certain Time; which Order extended itself 
to Albany, Esopus, and all other Places of the Government, as 
well as this City; and, more particularly, to all those, who 
had been under the Dutch, and are now reduced to his Majesty's 
Obedience ; these Presents declare, that the Inhabitants in and 
about Delaware, being under this Government, are likewise 
concerned, as well as the rest, so that all Persons there, who 
hold their Lands by Patents, or Ground Briefs, of the Dutch 
Tenures, are to have their Patents renewed, and those who 
have none, are, with all Speed, to be supplyed therewith, other- 
wise they are liable to incur the Penalty of the Law. New 
York Records, No 1. Fol. 25. 

July 29. 

Two Confirmatory Grants, from Governor Lovelace 1. To 
William Tom, of a Piece of Land, below the Town (of Newcastle) 
heretofore belonging to Peter Alrick, and another Piece of land 
and Meadow. Quit Rent, two Bushels. 2. To William Tom, 
of a House and Lot, at Newcastle. Quit Rent, one Bushel. 
New-York Records, No 1. Fol. 26. 

Aug. 2. 

An Order, dated at New York, permitting William Tom to 
take up, kill, or mai'k wild Hogs, in the Woods, at Dela/ware, 
near his Lands. New- York Records, No 1. Fol. 26. 

Same Day. 

Another Order, dated at Fort James in New York, directed 
to the Officers at Delaware, reciting, that there is a Swede, at 
Delaware, pretending to be Son to Conismark, one of the King 
of Sweden's Generals, who raises Sedition, and disturbs the 
Peace and Laws of the Government ; and Henry Coleman, one 
of the Fins, (Finlanders) leaves his Habitation, Cattle, nnd 
Corn, and runs after the other Person; and they converse with 



BOUNDARY QUESTION. 259 

the Indians; and Mischief being apprehended from them you 
have, already, according to your Duty, set forth your Warrant 
to apprehend him, but he can't be met withal. I therefore 
impower you to set forth a Proclamation, in my Name, that 
if Coleman does not surrender himself in 15 Days, you cause all 
his Estate, within this Government, to be seised upon, and 
secured to his Majesty's Use; of which you are to render me 
an Account, by the first Opportunity. New- York Records, No. 
1. Fol. 27. 

Same Day. 

The Governor's Order, dated at New York, upon William 
Tom's Request, that the Finnes, or others, ressiding at, or about 
Delaware, may have an Enlargement of their Bounds; they 
desiring to take up some Lands at Apoquimini, within the 
Government, as an Encouragement to them, the Governor grants 
their Request, on Condition a Draught of the Land be taken, 
and returned to him, whereupon, those who settle there shall 
have Patents. New York Records, No. 1, Fol. 27. 

Same Day. 

The Governor's other Order, dated at New York, upon Wil- 
liam Tom's Request, that some Familys from Maryland may 
have liberty to come and settle, upon the Kill, below Apoqui- 
mini, within the Government ; to the end the said Place may be 
inhabited and manured, it tending likewise to increase the 
Inhabitants within these Territories, I grant the said Request, 
on condition a Draxight be taken of the Land in the said Kill, 
and a Return thereof made to me, whereupon those who settle 
there shall have Patents for their further Assurance. New 
York Records, No 1. Fol. 27. 

Same Day. 

The Governor's Order, dated at New York, impowering Wil- 
liam Tom to collect the Quit Rent, upon all Persons relating 
to Delaware, or Delaware River, who have taken out Patents 
and hold their Lands under his Majesty's Obedience, and also, 
to collect from those who have no Patents, and hold Lands, 
there at least proportionable with the rest. For the taking 
out of whose Patents thex-e is Notice of another Order. New 
York Records, No 1. Fol. 28. 

Aug. 3 and 6. 

Two several Orders, from the Governor, directed to Captain 
Carr, and the rest of the Court at Newcastle, one Outhouse's 
Goods having been attacht, at the Suit of Teller, in the City of 
New York, but permitted to be transported to Delaware, on con- 
dition to be deposited, till the Debt was paid ; but the Court 



260 PENNSYLVANIA AND MARYLAND 

having, contrary to the Governor's Orders, released the Goods, 
and given longer time for Payment, the Goveimour requires 
the Court to secure all Charges and Interest out of the Debter's 
Estate, which, if they cannot do, the Court themselves are to 
make good. New York Records, No 1. Fol. 29. 

Sept. 1. 

A Grant from Governor Lovelace, unto Charles Floyd and 
John Henry, two Soldiers who went over in his Majesty's Ser- 
vice, of 20 Acres of Land, behind tli3Townof Newcastle, which 
had belonged to one Webber under the Dutch Government, 
and had been seized upon and confiscated by Order of the late 
Governor. Quit-Rent, 1 Bushel. New York Records, No. 1. 
Fol. 30. 

Sept. 14. 

From the Records of New- York. Minutes of the Governor and 
Council, on Receipt of Letters from Captain Carr, that an In- 
surrection was very much feared there, the chief Actor being 
in hold, and the Depositions of several Persons taken ; Oi'dered 
a Letter of Thanks to the Officers there, for their great Care, 
and that the long Finne, in hold and in Irons, be still kept in 
safe Custody, till the Governor, or some other commissioned 
from him, shall go over to examine into and try the Matter of 
Fact, which is of so heinous and high a Nature; and that all 
Persons who have had a hand in the Plot, be bound over and 
enjoyned to give Security to answer their Misdemeanour, and 
an Account to be taken of their Estates, in the mean time. 
New-York Records, No 1. Fol. 30. 

Sept. 15. 

Being the next Day, the Governor writes a Letter, from Fort 
James in New- York, to Captain Carr and the Scout and Com- 
missaries at Delaware, thanks 'em for their good Service herein 
to his Royal Highness, in securing those Men, and promises to 
represent that Matter to the Duke. Orders him to keep the 
long Swede in Irons, till he can have his Trial, which shall be 
as speedy, as the Governor's Affairs can permit, either by the 
Governour's own Presence, or by some of the Council suffi- 
ciently authorised to hear and determine that Affair. I think 
it would not be amiss if, to the simpler Sort of those concerned, 
you injoin them to labour sometimes in the Reparation of the 
works about the Fort. New-York Records, No 1. Fol. 31. 

Oct. 18. 

Minutes of the Governor and Council of New-York, on con- 
sideration of the long Finne's Insurrection at Delaware, it is 
ajudged, that he deserves to die for the same ; yet in regard 



BOUNDARY QUESTION. 261 

many others were concerned with him, and, amongst them, some 
simple People, who might be involved in the same, if the Rigor 
should be extended, it's thought fit and orderd, that the said 
long Finne shall be publickly and severly whipt, and branded 
in the Face with R, for attempting Rebellion : After which, 
that he be secured, till he can be sent and sold to the Barba- 
dos ; That the Chief of his Accomplices do forfeit to the King 
half their Goods and Chattels, and a smaller Fine be set on the 
rest; which shall be left to the Discretion of the Commissioners 
who shall be appointed to make Enquiry into the same. As 
to the Indian, who committed a Rape on a Woman there, that 
he be put to Death, according to the Sentence past on him 
there. New-York Records, No 1. Fol. 32. 

Next Day. 

Governor Lovelace's Letter to Captain Carr. Approves of the 
Sentence of Death which the said Captain Carr and the Com- 
missioners had condemned the Indian to ; and, he beins: escaped, 
orders them to send to the Sachem, that he may be delivered 
up, and Justice executed on him. As to the long Finne, keep 
him a little longer, till I send some Commissioners from hence 
to examine into the whole Matter; but I would not have the 
ordinary People be too much frighted, I have thought fit to ex- 
cuse them, by a pecuniary Mulct, as they shall appear more 
or less guilty. New- York Records, No 1. Fol. 32. 
Nov. 22. 

The Form of a Commisions, from the Governor of New-York, 
to several Persons (for whose Names there is a Blank) whereof 
Matthias Niccols to be President, to put in Execution the 
Regulations, and Act of Council made relating to the long 
Finne; Also to call any other Persons that were in hold, before 
them, and pronounce sentence against them, according to the 
Directions therewith given to the Commissioners; and to ex- 
amine all others, suspected to be guilty, and impose Fines ac- 
cording to their Demerits. New- York Records, No. 1. Fol. 33. 

Jan. 25. 

Minutes of the Governor and Council. The Sentence against 
the long Finne being taken into Consideration, order'd, that 
two Warrants be prepared, the one to Mr. Cousseau to receive 
the other to Captain Manning the Sheriff, to deliver the said 
Finne, according to the Sentence. Also the Matter about Wil- 
liam Douglas taken into Consideration. The Letter from the 
Whorekill read, ordered that, according to their desire, and an 
Order of the special Court held at Newcastle, there be an Officer 
appointed amongst them, to keep the Peace, &c. and a Com- 
mission sent to that purpose ; And, as Douglas has behaved 



262 PENNSYLVANIA AND MARYLAND 

so ill, at the Whorekill, he shall be continued in Prison till 
further Order, but his Irons to be taken off ; but if he can give 
Security not to return to the Whorekill, &c. he may be dis- 
charged. New-York Records No 1. Fol. 33. 

Jan. 26 and 28. 

An Entry that the long Finne was, that Day, put on Board 
Mr. Cosseau's Ship, to be transported and sold at Barbados, 
according to the Sentence of the Court at Delaware: And a 
Warrant (to the Captain of the Ship) dated at Fort-James in 
New-York, to carry him to Barbados, and sell him there, as 
Servants were sold, and to return the Produce to that Port of 
New York. New-York Records, No 1. Fol. 34. 

Feb. 25 and 26. 

An Entry that William Douglas was, that Day, released from 
Prison in the State-house, where he had been committed for 
a Misdemeanor at the Hoarkill, and was sent into the North, 
having given Bond not to return into this Government ; And 
the Governor's Letter (to the Magistrates) approving of their 
having sent him Prisoner to Delaware, from whence he had 
been remitted to New-York, approving what they had done, 
and acquainting how he was now sent away. And, to prevent 
future Disturbances, the Governor sends a Commission, im- 
powering some of them to suppress them. New- York Records, 
No 1. Fol. 34. 

Feb. 28. 

A short Entry (which is sworn to be a true Copy of the Re- 
cord) that, this Day, there was a Commission, under the G6v- 
ernour's Hand and Seal, sent to the Hoarekil!, for certain 
Persons, there named, to be Scout and Commissaries, to keep 
good Orders there for his Royal Highness, to try all Matters of 
Difference under 101. amongst themselves; for what shall be 
above, they are to apply themselves to New- York : and so, for 
all Criminals. New- York Records No. 1. Fol. 35. 

Mar. 15. 

An Order of the Governor, renews the former Custom and 
Duty of 10 per Cent, on all European Goods imported at the 
Hoarekill, and 10 per Cent, on all Furrs and Peltry exported 
from thence : and appoints Martin Crieger to be Receiver and 
Collector of the Customs at the Hoarekill, to receive those 
Duties, according to former Custom and Usage; and all Persons 
are to obey this Commission under Penalty of Confiscation of 
their Goods. And the said Crieger is to render the Governor a 
due and exact Account of the said Duties. New-York Records 
No 1. Fol. 35. 



BOUNDARY QUESTION. 263 

1670, April 13. 

The Governor's Letter from New- York, to Captain Carr, that 
he has given Jacobus Fabritius and his Wife, his Pass to go 
to Newcastle, or any Place in Delaware River, . And recom- 
mends to him a Suit that Fabritius's Wife has there, the Gov- 
ernour thinking it just that an old Execution, in that Suit, 
should be of Force, or renewed. New-York Records, No 1. 
Fol. 35. 

May 16. 

The Governor's Order made at New- York, on the Petition of 
Niels Nielson, and the others, concerned in the Patent granted 
by Colonel Nicolls, for each of them to have a Plantation, on 
Verdrietiges, or Trinity-Hook, at Delaware; they complain 
that William Tom, having, by Misreprentation, obtained a 
Patent for the said Land, has, by Order of the Court at Dela- 
ware, forbid them to cut Hay, or feed the Marsh ; which, with- 
out Relief, will be much to their Prejudice. Now, the Governour 
orders, that the said Petitioners shall enjoy what is granted 
in their Patent, any Patent, Grant, or Order of Court, in favour 
of William Tom, to the contrary notwithstanding. New- York 
Records, No 1. Fol. 36. 

Aug 24. 

The Governor's Letter, dated from Fort James, directed to 
Captain Carr, on account of a new Murder committed by the 
Indians, blaming the Magistrates at Newcastle for their too 
much Remissness, in not avenging the last Murder; ordering a 
narrow Enquiry into this late Action ; to strengthen themselves 
in their Garison; recruit their Men; muster the Burghers; dis- 
pose them to their Watches ; summon the Commissioners ; with 
them consult the Dest way to discover the Assassins; demand 
them, or force the Indians to deliver them up, that they may 
be brought to Punishment; and on all occasions, to give the 
Governour Advisements of their Proceedings, that He may 
apply a timely Assistence, if need require. New York Records, 
No 1. Fol. 36. 

Oct 22. 

Minutes of the Governor and Coucil, that the Customs at the 
Whorekill should be abolished. New-York Records, No 1. 
Fol. 37. 

Same Day. 

The Governor's Abolition, under the Seal of New-York, done 
with the Advice of his Council, of the Customs lately laid at 
the Whorekills, and this, on the Request of the Inhabitants 
there, provided they don't sell too great Quantities of Liquors 



264 PENNSYLVANIA AND MARYLAND 

to the Indians, nor prejudice their Neighbours of Newcastle, 
upon which Place they are to have their Dependance. New 
York Records, No 1. Fol. 37. 

Some Day. 

A Licence granted to Peter Gronendike, to trade with the 
Indians at the Whorekill. New-York Records, No 1. Fol. 37. 

Nov. 7. 

The Governor's Licence to Peter Alricks, to take up a Pair 
of Mill -stones at the Whorekill, belonging to no Person there. 
New- York Rcords, No 1. Fol. 37. 

Nov. 16. 

The Governor's Letter from New-York to Captain Carr, now 
it's Winter, and safe against the Indians Attempts, to disband 
some of his Men, contract his Expence,and take them on again 
in the Spring, and to let the Governour know if shall want 
any Force from New York. New-York Records, No 1. Fol. 38. 

1670. Jan. 9. 

The said Governor Colonel Lovelace's Commission, dated at 
New- York, appointing James Mills Surveyor of Land at the 
Whorekill and Parts adjacent, he behaving according to the 
Custom and Practice of Surveyors in these his Royal Highness's 
Territorys. New York Records, No 1. Fol. 38. 

Jan. 12. 

The Governor's Licence, dated at New-Y'ork, to William Mills, 
to purchase a Piece of Land for a Plantation, to the South- 
ward of the Town at the Whorekill, but the Extent and Quality 
thereof is to be cert if yed tome, whereupon he shall have further 
Assurance by Patent. New-York Records, No 1. Fol. 38. 

Feb., 24. 

Minutes of the Governor and Council at Fort James, on the 
Result of the Affair Avith the Indians, which Affair is respited 
till Capt. Carr's Arrival; and a Letter, to that effect, writ by 
Governor Lovelace to the Inhabitants of Delaware. New- York 
Records, No 1. Fol. 39. 

Mar. 17. 

In: t uctions given, by Governor Lovelace, to Capt. Crieger. 
who was bound to the Whorekills, viz. To bring the Governor 
an Account of the Encrease or Decrease of the Inhabitants 
there, whether any new Families are resolved to settle here under 
the Protection of his Royal Highness, and to give the Governor 
an Account what the Civil Officers are, whether the scout is 
to be altered this year, the Person to succeed him is to be rec- 
couimended to the Governor, who will authorize him for two 



BOUNDARY QUESTION. .265 

Years, to enquire about the Indians who murdered John de 
Caper's People, and let the Governor know under whose 
Jurisdiction they live, to bring the Milstones with him, to re- 
move the Customs, and restore them to their ancient Liberty. 
New-York Records No 1*. Fol. 39. 

1*571. Apr. 15. 

Minutes of the Governour and Council of New- York. Dela- 
ware Business taken into Consideration (Capt. Carr being 
pi'esent) about the Murder committed by the Indians, about 
selling strong Drink to the Indians. About the Murderers, 
they are known, but, for the present, not thought convenient 
to prosceute to the utmost. Capt. Carr relates of the Desire 
of many Familys to come and settle below Newcastle, at Apo- 
quimini and Bombey's Hook, to be considered of; a Letter is 
ordered to be written to treat with some of them about their 
Settlement. New- York Records, No 1. Fol. 39. 

Ayr. 25. 

A special Writ, dated at Fort James in New York, in an 
Action of Debt, brought by Peter Jego against Cornelius Joris 
now residing at Newcastle in Delaware, commanding the said 
Joris to appear at the General Court of Assize to be held in the 
City of New- York the 6th of October next to answer the Com- 
plaint of the said Plaintiff in an Action of Debt. This Writ 
is directed to any of the Officers at Delaware, or in Delaware 
River, who are to see this special Warrant served, and to make 
Return thereof to the Court above mentioned, and also to cause 
any Attachment, laid upon the Goods of the Plaintiff by the 
Defendant, to be rebact, until the Trial at the Assizes. New 
York Records, No 1. Fol. 40. 

May 1. 

From the Records in Newcastle County, Governor Lovelace's 
Grant, at full Length, which he makes, as Governor General 
tinder the Duke of York, unto Herman Rayners in Fee, of a 
Lott of Land at Newcastle in Delaware River, bounded by the 
Mart, and by Beaver Street, and by two Tenants. Newcastle 
Records, No 11. Fol. 4. 

May 18. 

From the New-York Records, Minutes of the Governor and 
Council. Capt. Crieger's Business about the Whorekill. The 
Purchase of the Whorekill, by the Dutch, to be recorded. An 
Exniination made at the Whorekill by Capt Crieger, and the 
Answer upon it, together with three Papers brought by Capt. 
Carr concerning it. The other Matters irom the Whorekill well 
approved of. New- York Records, No 1. Fol. 40. 



26G PENNSYLVANIA AND MARYLAND 

June 14 

Minutes of the Governor and Council at New-York. The 
Business under Consideration are the Matters at Newcastle and 
the Whorekill. About Newcastle it was ordered that no Per- 
son in Delaware be permitted to distill there, but such as give 
in their Names to the Officers at Newcastle, and from them to 
receive Licences, and that they pay one Guilder per Cann for 
all they shall distill, which shall go towards the Reparation 
of the New Block-house and Fort. About the Whorekill it is 
ordered, that what is. past, and granted there, shall be con- 
firmed, upon the same Conditions as the rest of the Land ; with 
this Proviso, that each Planter be obliged to settle upon the 
Land, and that each Person be injoyned to settle a House in a 
Town to be appointed near them. New- York Records, No 1. 
Fol. 40. 

{June 14.) 

The next Paper is some written Proposals, tendered to the 
Consideration of the Governor and Council, touching the Town 
of Newcastle and Plantations in Delaware River, now under his 
Royal Highness's Protection and Government. (Note, this is the 
Paper which the Governour and Council had, that Day, under 
their Consideration (The Town of Newcastle, being the Strength 
of the River, it's left to Consideration whether they should 
not have more than ordinary Encouragment. 1. That a Block 
house may be erected, and a constant watch may be kept now 
the Fort is fallen to ruin. 2. That no vessel from this, or any 
other Place to trade, be permitted to go up the River above 
the town, for it will ruin the Place, all Trade deserting them. 4. 
That the distilling of strong Liquors, which consumes Grain 
and debauches the Inhabitants, be prohibited. 5. That the 
Number of Victuallers be restrained, to such as the Officers 
shall approve of, and may be licensed. 6. That Constables may 
be appointed who shall have Staves with the King's Arms, 
as is practised in the rest of his Royal Highness's Dominions. 
7. To have the King' .* Arms in their Courts of Justice. 8. That 
what Lands the Officers there have granted, (which they had 
Encouragement to do by the Governor's Predecessor, and never 
had Order to the contrary) may be confirmed. 9. That several 
Orders, past about the Time of the Trial of long Finn as 
well about public Charges, as the Whorekill having Officiers 
subordinate to those of Newcastle, as for clearing Highways, 
maintaining Fences, and other Matters, relating to the Well- 
Government of that Place, be reinforced, by the Governor's 
Approbation. 10. That whereas their Neighbours of Maryland 
have made offer to clear one Half of the Way. between Augustine 



BOUNDARY QUESTION. 367 

Harman's Plantation and the Town of Newcastle, an Order 
may be issued that those of Delaware should clear the other 
Half next to them. 11. That a Person be appointed and sworn 
at Newcastle, Corn-meeter, to see that it be sent abroad clean, 
and to view their Beef and Pork, that it be well packt and mer- 
chantable. 12. That a Mill, up Delaware River, at the Car- 
coons Hook, heretofore belonging to the Publick, but now en- 
deavour'd to be engross'd by private Persons, may be taken 
into his Highness's Hands, for the publick Good to the In- 
habitants. This is New York Rceords, No 1. Fol. 41. 

June 14. 

Minutes of the Governor and Council of New-York, in Answer 
to the Proposals, delivered in by Capt.John Carr, the Governor 
and Council do give their Resolutions upon each one of them, 
in general, agreeing to what was proposed for the most part ; 
and some former Grants of Lands made by the Officers at New- 
castle, were confirmed ; but, for the future, it's expected, before 
any Grant be absolutely made there by the Officers, that the 
Desires of Persons to have Lands, and the Quantity thereof, be 
first transmitted to the Governor at New-York, who, as ho 
shall see Cause, will order the Surveyor to make a Survey, 
which being certified, they may have Patents of Confirmation 
for the same ; and the Officers are to acquaint Persons, who 
apply to them for Lands, with this Order. Lastly, As to the 
Tenure of the Land at Delaware, it's to be held in free and com- 
mon Soccage, as his Royal Highness by his Majesty's Patent 
holds all his Territorys in America, that is to say, according 
to the Custom of the Manor of East-Greenwich, only, with 
this Proviso, that they likewise pay the Quit-Rents, reserved 
in their Several Patents, as an Acknowledgment to his Royal 
Highness. New-York Records, No 1. Fol. 42. 

June 17. 

Governor Lovelace's Commission, dated at New- York, ap- 
pointing Walter Wharton to be Surveyor-General of Lands on 
the Western Side of Delaware River, now under his Royal 
Highness's Government and Protection. He observing such 
Orders as he shall receive from the Governour. New- York 
Records, No 1. Fol. 43. 
June 21. 

Minutes of the Governor and Council of New-York. The first 
Matter and Consideration is the Business of Delaware about 
granting Patents there. Capt. Carr declares, that Governor 
Nicolls gave the Officers Order to make Grants of Land to those 
that would plant there, which being remitted to the Governor, 
he was pleased to give Patents for them. The signing of Patents 



268 PENNSYLVANIA AND MARYLAND 

for those Parts concluded on. An Order, also, relating the 
Grant to Mr. Mills, the which is to extend only to the Whore- 
kill Lands, tho' mentioned Parts adjacent, on the South side 
of the Whbrekills. .New York Records, No. 1, Fol. 43. 

Sept.25. 

Minutes of the Governor and Council of New York, upon a 
Letter sent from Mr. Toms, and upon the Examination of 
Peter Alricks. about a new murder of two Dutchmen, killed by 
some Indians at Mattiniconk in Delaware River. New York 
Records, No. 1, Fol. 44. 

Note. 

For the better understanding of what follows, it is neces- 
sary to inform you, (tho' it is not in Proof on our side) 
that, before this Time, the Duke of York had conveyed 
away New Jersey (a Tract lying between New York and 
what is now Pensilvania) unto the Lords Proprietors of 
New Jersey. 

Sept. 25. 

Resolves, at a Council held at New York by the Governor of 
these his Royal Highnass's Territories, and the Governor of 
New Jersey, upon Consideration about the said Murther, not 
to prosecute this Affair about the Indians without mutual Con- 
sent; and that the Governor of New Jersey call an Assembly 
in his Province, to know how far that Province will assist in 
case of a War. New York Records, No. 1 Fol. 45. 

Sept. 26. 

Governor Lovelace's Letter, directed to Mr. Tom at Delaware ; 
Blames him that his, the Governor's, Directions had not been 
vigorously followed on the last sad Accident, which might 
have prevented this. Think, immediately, how a War may be 
prosecuted on these Villanies. In the mean Time I think it 
requisite that all the Frontier scattering Plantations, be order'd 
immediately to thrash out, or remove, all their Corn, as like- 
wise their Cattle, that they may receive less Damage by the 
Effects of the War which will ensue. Next, that none, on pain 
of Death, presume to sell any powder, Shot, or strong Waters 
to the Indians. In the mean time carry it fair to the Indians 
that they may have the less Mistrust of our Designs. Tells 
him also that the Governor of New Jersey is acquainted with 
the Affair, and is very zealous therein, and we may depend on 
Supply and Assistance from him. If a good Work were thrown 
about Mattiniconk House, and that strengthened with a Con- 
siderable Guard, it would be an admirable Frontier. New 
York Records, No 1. Fol. 46. 



BOUNDARY QUESTION. 269 

Sept. 28. 

Governor Lovelace's Letter from New York to Captain Carr; 
You being ill, I directed my Letter to Mr. Tom, but sends Cap 
tain Carr a Duplicate of it, that he may truide himself by 
those Rules which the Governor then prescribed. As the Gov- 
ernour and Council, at this Distance, cannot give punctual 
Directions, we must therefore reserve that to your prudent 
Managerv, wherein I would have you, always, take deliberate 
Advice, from the Commissaries, before you put any thing in 
practice, and be sure, on all Occasions to advertise me of your 
Motions. New York Records, No 1. Fol. 47. 

Sept. 29. 

Governour Lovelace's Pass dated in New York, to permit the 
Sloop Royal Oak, Thomas Lewis Master, to pass out of the 
Port of New York to Newcastle in Delaware Bay, and, at this 
particular Juncture of time, from thence, to go up the River 
to trade and trafflck as the Masters occasion shall require. 
New York Records, No 1. Fol. 47. 

Nov. 7. 

Minutes of a Joint Meeting of Governors and Councils (in 
East New Jersey) by the Governor of his Royal Highness's 
Territories, and the Governor under the Lords Proprietors of 
East New Jersey, deferring the Warr, at that Time, and con- 
taining several other Directions. New York Records, No 1. 
Fol. 48. 

Nov. 9. 

Governor Lovelace's Commission, dated at New York, and 
under the Seal of that Province, issued by the Advice of his 
Council, appointing the present Officers and Magistrates in 
Newcastle and Delaware River, or any 4 of them, to be a special 
Court of Oyer and Terminer, to try and pass Sentence and exe- 
cute it on the Murtherers, if taken. New York Records, No 1. 
Fol. 49. 
Same Bay. 

Governor Lovelace's Order, reciting the pass which he had 
granted to Thomas Lewis (the 29th of September) to trade, at 
this particular Time, notwithstanding any General Order here- 
tofore made to the contrar-y; but the said Lewis being now in 
the said River with his Sloop, where he is stopt by Order from 
the Officers there; I order the said Stop to be taken off. New 
York Records, No 1. Fol. 49. 

Nov. 10. 

A severe Letter from Governor Lovelace's at New York, to 
Capt. Carr at Delaware, Complains of the Backwardness of the 



270 PENNSYLVANIA AND MARYLAND 

Inhabitants of Delaware, to bring the Murtherers to condign 
Punishment. Then as to Captain Carr, says the Governor, for 
you to receive the Duke's pay constantly, and the Appearance 
of Soldiers, and to let the Fort run so to decay, and not em- 
ploy them in the Reparations, is but just a perfect Rent charge 
to the Duke ; for it is not reasonable he should be at that Ex- 
pence, only to allow you a Sallary and Soldiers; besides the 
Inhabitants are not so much digested into any military Form, 
nor half of them armed, tho' you have had, annually, a Moni- 
tors by the Murthers committed by the Indians, &c. New York 
Records, No 1. Fol. 51. 

Nov. 24. 

Governor Lovelace's Warrant, or Order to all Persons in this 
Government, to assist a publick Messenger going down to New- 
castle, or back again to New York. New York Records, No 1. 
Fol. 52. 

Decemb. 15. 

Mr. William Tom of Delaware, his Letter to the Governor, 
acquainting him, that the Indians have killed and brought in 
one of the two Murtherers, and we design to hang him in Chains 
and the Indians promise to bring in the other.. New York 
Records, No 1. Fol. 52. 

Dec. 22. 

Governor Lovelace's Answer to Mr. Tom, approves of their 
hanging the Indian's Body in Chains; and if the Indians bring 
in the other Murtherer alive, let him suffer in the most exem- 
plary way that may be, leaving the Manner and Place to your 
self. Bids him now, while the thing is fresh, enquire after 
the former Murtherers. New York Records, No 1. Fol. 53. 

Jan. 13. 

Governor Lovelace's Order dated at New York, Recites that 
there had been, lately, an Order of Prohibition made, that no 
Corn should be exported out of Newcastle or any Part of Dela- 
ware River ; s}nce which, the occasion thereof, which was the ex- 
pected War with the Indians being removed, and the Inhabi- 
tants there having Grain sufficient for themselves, and also 
to supply their Neighbors, therefore, requires all Persons to 
permit Captain Crieger to pass out- of the Port of New York 
with his Ship, to Newcastle, there to take in Corn, or any 
other Produce of the Country. New York Records, No 1. 
Fol. 53. 

Same Day. 

The Governor's Licence to Susanna Garland to Trade to Dela- 
ware. New York Records, No 1. Fol. 53. 



BOUNDARY QUESTION. 271 

Jan. 1^. 

Governor Lovelace's Order or Brief, dated at New York, and 
granted to Martin Hoofman, a Lutheran Minister; requiring 
the Officers in Delaware not to hinder or molest him in collect- 
ing the Benevolence of the Lutherans in the South River at 
Delaware and those Parts, towards huilding a House in New 
York, for their Church or People to meet in. New York Re- 
cords, No. 1. Fol. 54. 

Jan. lfi. 

The Governor's Release to Matthias Nicolls, the Secretary, 
dated at New York, of any Damage for not having, in due 
time, made any Settlement upon a distant Parcel of Land which 
had been patented to him in Delaware, on the West side of 
the River near the Falls, known by the Indian Name of Chiep- 
iessing. Provided that some Settlement be now made within 
3 Years to come. New York Records, No. 1. Fol. 54. 

Feb. 6. 

The Governor's Pass to permit Helletia, Wife of Laurence 
Hoist, to go in Captain Crieger's Sloop, to Newcastle in Dela- 
ware, from thence, to go, up the River, to the Swedes Planta- 
tions, with Shoes, &c. of her Husband's Trade. New York 
Records, No. 1. Fol. 55. 

Feb. 20. 

From the Records of Newcastle County, Governor Love- 
lace's Grant, at full length, dated at New York, and granted 
by him as he was Governor General under the Duke of York, 
of all the Duke's Territories in America, Reciting a Grant 
which had been made by the Officers at Delaware unto Reloff 
Anderson, of 200 Acres of Land, on the West side of Delaware 
River, and on the North West side of Apoquiminick Creek, 
bounded by Drawers Creek, and by sundry Neighbours there 
named; Now the said Governor, by Vertue of the Duke's Com- 
mission to him, ratifies, confirms and grants the Premisses to 
the said Anderson in Fee, reserving to the Duke the Rent of 
2 Bushels of Wheat. Newcastle Records, No. 11. Fol. 5. 

1«71. Feb. 26. 

Governor Lovelace's five several like Grants, entered at full 
length, all dated in New York, and granted by Virtue of the 
Duke's Commission to him, of several Parcells of Land, before 
granted by the Officers at Delaware. 1. To Jacob Piana, 188 
Acres, on the West side of Delaware River, and on the North - 
West side of Apoquinimick Creek, reserving a Quit-Rent to 
the Duke of a Bushel and \ of Wheat. 2. To Garrett Otto, 180 
Acres, at the like Place, reserving Quit- Rent I Bushel. 3. To 



272 PENNSYLVANIA AND MARYLAND 

Hans Hanson, 100 Acres at the like Place reserving Quit-Rents 
2 Bushels. 4. To John Aronson and Jacob Anderson, 157 Acres, 
reserving Quit-Rents to 1 Bushel and A. And 5. To Abraham 
Coffin 400 Acres, Reserving Quit-Rent 4 Bushels. Newcastle Re- 
cords, No. 11. Fol. «, 7, 8, 9, 10. 

Mar. 12. 

Governor Lovelace signs Instructions, at New-York, to one 
Mr. Garland, to make Preparation for the Governor's Voyage 
to Delaware ; namely, to go before, with a Party of Horse, near 
to Mattiniconk Island in Delaware River, &c. and then to 
Captain Carr, and the Commissarys, to get Provisions, Boats, 
&c. and to meet the Governor at such a Place. New York 
Records, No. 1. Fol. 55. 

Mar. 18. 

Governor Lovelace's Instructions, directed to Thomas Dela- 
wall and Cornelias Steynwick, two of my Council, to the Duke 
of York in these his Territories of America. They are to the 
following Purport; Tells them (amongst other things) that 
they are not unacquainted with the Design of this his Resolu- 
tion, of visiting those more remote Parts of the Duke's Tsrri- 
toriesat Delaware, where he hopes to settle all publick Affairs 
there, as may free him from the further Trouble of a sudden re- 
visit of them. New York Records, No. 1. Fol. 55. 

1671. 

In this Year a very large Folio Work (of several Tomes) was 
printed in London, being done and printed by John Ogilby 
Esq; his Majesty' s Cosmographer. Geographick Printer, &c. 
called Ogilby's Atlas, adorn'd with Maps and Sculptures: 
In the sceond Tome of which, being Ogilby's America, at 
Fol. 168. he gives an Account (very shortly) of the New Nether- 
lands, then called New York, which comes up very nearly 
to the Account which the foregoing Records give. But what 
we principally rely on in that Book is, several Maps, which 
he therein published in 1671, viz. at Fol. 192. he gives a 
Map of Virginia, which is (tho' with other Names additionally 
inserted then) an exact Copy of Captain Smith's Map. At 
Fol. 182. he gives a Map of Maryland, with the Arms of the 
Lord Baltimore, being agreeable to that which had been printed 
by the Lord Baltimore in 1635, save, that he makes the dotted 
partition, and the 40th Degree compleat,to be, then, about 7 Miles 
above the Head of Chesopeak Bay, whereas in 1635, Lord Bal- 
timore had made that dotted Line and 40th Degree to touch the 
Head of Chesopeak Bay. And at Fol. 168. he gives a third Map, 
with this Title. Novi Bel^ii quod nunc Novi Jorck vocatur, 



BOUNDARY QUESTION. 273 

Novseque, Anglise, & partis Virginia-, accttratisshna & novissiina 
Delineatio ; in which last mentioned Map he, again, nine Years 
before ever the Plaintiff's Father had any thing in the World 
to do with America, lays down, separately and distinctly, Cape 
Cornelius and Cape Hinlopen, as two separate and distinct 
Capes and Cape Hinlopen at a large Distance South of Cape 
Cornelius, (exactly as it was laid down in the Maps made use 
of by all the Parties of this Cause in concluding the Articles of 
Agreement which are now in Question.) And this is so well 
a known Work, that it the Defendant had ever looked into it 
(as he must have done) he could not have fancied any thing of 
the pretended imposition, as he would now complain of, having 
been committed in 1732: whereas the old Dutch Map of 1663, 
(at the latest, but most likely many Years older) and this Eng- 
lish Map printed in this great Work in London, in 1671, both 
contain the two several Capes as before mentioned. This Book 
of Ogilby's is spoke to by Paris and other Witnesses, and the 
Reference to it is, Ogilby's Atlas. To, 2. in large Folio; and 
at Fol. 192, 182, and 168 therein. 

Mar. 17. 

An Order of the King and Council, that the Secretary of 
State should publish his Majesty s Declaration against the 
States General, and the said Declaration (which is a Declaration 
of War against them both by Sea and Land. ) These are proved 
from the Council Register by Dickenson, and make the Exhibit 
Co. Off. No. 3. 

1672. Apr. 8. 

Governor Lovelace's Grant, by Vertue of the Duke's Commis- 
sion to him, dated at Newcastle in Delaware River, Reciting 
that the Dutch Governor, Peter Stuyvesant, did on 27 Sept. 
1655, grant to Isaac Tyne, a Lot and House, at Newcastle, and 
Tyne having on 17 and 20 Octob. 1662, purchased two other 
Lots, all contiguous to each other, the said Governor ratines, 
confirms and grants the same unto the said Tyne, in Fee. Re- 
serving the Quit-Rent of a Bushel of Wheat to the Duke. 
Newcastle Records, No. 11. Fol. 11. 

May 6. 

The Governor's Order, dated at New-York; Whereas the 
Time is expired for the Officers holding their Places of Scout 
and Commissarys at the Whorekill ; the Inhabitants there are 
hereby impowered to make a New Election, upon the return 
of whose Names to me, they shall have such further Con- 
firmation as shall be requisite. New York, No. 1. Fol. 35. 
18— Vol. XV. 



274 PENNSYLVANIA AND MARYLAND 

May 17, 

Minutes of the Governor and Council at New-York. 1. About 
the Town of Newcastle's being a Corporation, it's allowed of, 
and that it be a Bayliwick, and governed by a Bayly and 6 
Assistants; after the first Year, 4 old ones to go out, and 4 
other to be chosen in their Places. The Bayly to be President, 
and have a double Vote. A Constable, to be chosen by the 
Bench. To try Causes, as far as 101. without Appeal. 2. As to 
the English Laws, according to their Desire, to be established 
in that Town and River. The Office of Scout to be converted 
into a Sheriff, for the Corporation and River, and that he be 
annually chosen. 3. As to the 3d, to have free Trade, without 
being obliged to make entry here, that the Determination 
thereof be suspended, until advice be sent about it out of Eng- 
land, or other Consideration had thereof. New-York Records. 
No. 1. Fol. 56. 

June 10. 

Minutes of the Governor and Council at Fort James; As to 
the Matter about Captain Carr, and Delaware, the Orders made, 
last Council, about the Town and River, to be allowed and 
sent. The Continuance of the Garrison in pay, taken into 
Consideration, whether there is any Occasion for them any 
longer or no? That they continue, as they are, till further 
Order. New York Records, No. 1. Fol. 57. 

July 1. 

Minutes of the Governor and Council of Fort James ; The 
Business of the Whorekill, about a Disturbance there from 
Maryland. Mr. Fletcher makes good what he writ against 
Daniel Browne, for his abusive Language against the Duke's 
Interest, and it is attested by the Commissarys and others 
from thence; Ordered, that Daniel Browne shall enter into a 
Recognizance of 20/. for good Behaviour, &c. which Order re- 
cites, that Daniel Browne, a Planter at the Whorekill in Dela- 
ware Bay, was committed and sent a Prisoner hither (New 
York) by the Magistrates there, for contemning the Authority 
of their Court held by Approbation of the Governor, under the 
Protection of his Royal Highness, together Avith several other 
abuses; but he having acknowledged his Fault, and begging 
Pardon, and that Confinement would ruin his Affairs ; ordered 
a Letter of Thanks be sent, to the Magistrates at the Whore- 
kill, and that Browne be released, he entering into a Recog- 
nizance, before his Departure, in 20Z. to keep the Peace, which 
if he break, he is to be again seized upon, and sent Prisoner to 
this Place, there to receive Punishment; and he is likewise, at 
his Return to acknowledge his Fault, and ask Dardon of the 



BOUNDARY QUESTION. 275 

Magistrates at the Whorekill. As to the Request from the 
Whorekill, that they may lay an Imposition on strong Liquors 
sold there, it is allowed of and consented to ; and the Magis- 
trates there, have, hereby, Power to levy and receive the Value 
of four Guilders, in Wampum, upon each Anchor; this to 
continue for one Year only, till the Conveniency or Inconven- 
iency shall better appear. New York Rceords, No. 1. Fol. 57. 

Aug. 1. 

The Governor's Order at Fort James in New York. Upon 
the Return of a double Number, from the Inhabitants at the 
Whorekill in Delaware Bay, for Scout and Commissarys, I ap 
prove of such and such for Scout and Commissarys, for one 
Years, after which they are to make a new Return. New York 
Records, No. 1. Fol. 5. 

Aug. 2. 

The Governor's Commission dated at Fort James in New 
York, appointing Peter Alricks, one of the two Persons re- 
turn'd to him, to be Bayliff and principal Civil Magistrate of 
the Corporation of Newcastle in Delaware for the ensuing Year, 
And he is, in all things, to be regulated by the Laws of this 
Government, and such Instructions as have been given him by 
me and my Council. New York Records, No. 1. Fol. 58. 

Same Day. 

The said Governor Lovelace's Commission dated at Fort James 
in New York, appointing Captain Edmund Cantwell, one of 
the two Persons return'd to him, to be High Sheriff in New- 
castle and Delaware River, for the Year ensuing. New York 
Records, No. 1. Fol. 5. 

Aug. 7. 

Governor Lovelace's Commission to Captain Edmund Cant- 
well, dated in New York, appointing him to enquire after, and 
make seisure at Newcastle, and on the West side of Delaware, 
of all stray Horses, neat Cattle, or Swine, unmarked, and hav- 
ing no certain Owner ; and to dispose of them for his Royal 
Highness'suse, and render to the Governor an Account thereof. 
New York Records, No. 1. Fol. 59. 

Same Day. 

Governor Lovelace's Commission, to the said Captain Cant- 
well, dated in New York, authorising him to demand, levy 
and receive all Arrears of Quit-Rent, due from any the Inhabi- 
tants of New-Castle and Delaware River, according to the Re- 
servation in their particular Patents, of which he is to have an 
authentick List out of the Records. New York Records, No. 1. 
Fol. 59. 



276 PENNSYLVANIA AND MARYLAND 

Aug. 8. 

Prom the Records in New York; An Order reciting that 
Complaint has been made to me (the Governor) by Jan Corne- 
lius and two others, Inhabitants at Amsland in Delaware River, 
that after having quietly possessed a Meadow, upon the Island 
over against Calcoone Hook, Israel Helme, by Misrepresenta- 
tion, obtained a Patent for the same, having never Possession 
or Pretence thereto before : so that the said Inhabitants are 
dispossessed, to the Ruin of their Plantations without Relief; 
I authorize and impower the Court at Upland, with the As- 
sistance of one or two of the high Court, to examine into the 
Matter, and make Report of the Truth thereof to me, that I 
may make some Order thereupon, according to Equity and good 
Conscience. New York Records, No. 1. Fol. 59. 

Aug. 12. 

Letter from Governor Lovelace, dated in New York, directed 
to Philip Calvert Esq; Governour of Maryland, complaining 
of some horrid Outrages, committed upon his Majesty's Sub- 
jects under the Protection of the Duke's Authority, as were 
exercised by one Jones, who with a dissolute Party, took the 
Pains to ride to the Whorekill, where, in Derision and Con- 
tempt of the Duke's Authority, bound the Magistrates and 
Inhabitants, rifled and plundered them of their Goods; and 
when his Authority was demanded, answered only by a cock'd 
Pistol to the Person's Breast; telling him, that his Highness 
will not be satisfied with these violent Proceedings, the Indig' 
nity whereof rebounds on him ; and it would be as easy for 
Governor Lovelace to retaliate the same Affront on Jones, and 
his Accomplices, but that he first chuses a more calm Redress 
from Mr. Calvert, to whom he now appeals, expecting the Cas- 
tigation of Jones, cum Sociis ; otherwise, he must take other 
Remedies as the Exigence of this Indignity shall perswade him 
to. New York Records, No. Fol. 60. 

It seems by wha+ follows by and by, that no Reparation was 
made by Governor Calvert, but a farther injury afterwards 
committed. 

Same Dap. 

The Governor's Order to Captain Edmund Cantwell, High 
Sheriff of Newcastle and Delaware, to cause some Land to be 
seated and cleared, by a Tenent or otherwise, on the West side 
of Delaware River, which had been formely granted unto Rich- 
ard Gorsuch, and since by him assigned to the Governor. New 
York Records, No. 1. Fol. 60. 

Aug 13. 

The Governor's Order at New York, made at the Request of 



BOUNDARY QUESTION. 277 

Jeuft'ro Arniegart Prince, living in Delaware River, excusing 
her Man Servant from ordinary Trainings in the Company in 
which he was inlisted ; and also giving her Licence to still some 
Liquors for her own Use, and her Servants and Labourers in 
Husbandry. The Last to continue one Year. New York 
Records, No. 1. Fol. 60. 

Sept. 5 

From New York Records, Order to Captain Carr, upon the 
Complaint of Robert Williams, that John Ogle, one of the 
Soldiers at Newcastle, is indebted to him about 10/. requiring 
the Officers there to examine into the Matter, and if it be as 
alledged, to give Orders for the Payment, or securing the Debt 
from Ogle for the Creditor. New York Records, No. 1. Fol. 60. 

The same Day. 

The Governor's Order to one Bed loo, to pay some Persons 
their Boat Hire, for carrying, and bringing back the Troopers 
Horses, in the Expedition to Delaware. New York Records, 
No. 1. Fol. 61. 

Sept. 28. 

New York Records, a Permit to Christopher Hoogland, to 
go to Newcastle at Delaware, and from thence up the River, to 
receive or secure his Debts; any Order to the contrary not- 
withstanding. New York Records, No. 1. Fol. 61. 

Oct. 1. 

Grant from Governor Lovelace, dated in New York, unto 
Hubert Hendrickson, in Fee, of three Lots of Land in Newcastle, 
reserving two Bushels Quit Rent to the Duke. Newcastle Re- 
cords, No. 11. Fol. 12. 

Oct. 7. 

Governor Lovelace's Letter, dated from New York, to Cap- 
tain Carr, owning the Receipt of his Relation and Papers about 
the Whorekill, and the Marylanders forcibly possessing them- 
selves of the Place, as also of the Goods and Estates of some of 
the Inhabitants. I heard, but did not give Credit to it before, 
supposing it the rash Action of some private Person; not 
thinking the Authority of Maryland would invade the Duke's 
Territories, which he hath been possessed of for near eight 
Y T ears: Their former violent Action, and Force, upon those 
poor, unarm'd People, together with the Particulars of their 
Plunder, I immediately sent to the Duke, and may expect Di- 
rections in a short Time, till then, it is best, for the present 
to leave Matters as they are. As to the Cloud, which likewise 
hangs over your Heads at Delaware, which, it is said, they are 
making Preparations to invade, my Orders are, put yourselves 



278 PENNSYLVANIA AND MARYLAND 

in the best Posture of Defence, fit up the Fort, keep your Com 
panies in Arms, both there and up the River, in the Town, es- 
pecially, make your Guard as strong- as you can, and keep a 
strict Watch. If any Enemy comes to demand the Place, first 
desire to know their Authority and Commission, and how 
those of Maryland should, now, make such an Invasion, after 
so long-, quiet Possession of those Parts, by the Duke's Depu- 
ties, under his Majesty's Obedience, and by other Nations before 
that, several Years, before the Date of Lord Baltimore's Patent, 
whom they never disturbed by Arms, and whose Right is now 
devolved upon the Duke. Stand well on your Guard, and don't 
begin; b\it if they fire, or commit any hostile Action, then, use all 
possible Means of Defence. New York Records, No. 1. Fol. 61. 
So that it appears hereby, that this was the Time when the 
Marylanders, by Force, possessed themselves of the Whorekills, 
but they not keep Possession of it, as you'll pi'esently find. 

Dec. 16. 

From New York Records, A Warrant directed to the Sheriff 
of that City, to take into his Custody the Body of William 
Douglas, brought thither a Prisoner from Newcastle in Dela- 
ware, he having been formely banished out of this Government 
for great Misdemeanors, and to keep him without Bail or main 
prize, till further Order. New York Records. No. 1. Fol. 62. 

Jan. 27. 

Minutes of the Governor and Council at New York, upon re- 
presenting to them the Inconvenience of debarring Vessels of 
this Place from going up the River above Newcastle, as also 
the Distaste taken, that some have had Licences so to do, while 
others are restrained, It is ordered, that the Prohibition thereof 
be taken away, and all Sloops may go up that River, taking a 
Certificate from the Governor of his going from hence; but no 
other Vessel shall have that Liberty, but such as sail from this 
Place thither directly. Upon a Letter from Mr. Wharton, and 
Captain Cantwell, and a Proposal for the Reducement of the 
Whorekill, by the Officers from Delaware, the Consideration 
thereof suspended for a short Time. On the Letter with which 
William Douglas was sent from Delaware, it is ordered, in 
regard of the Trouble he has given the Country, that he be 
sent, by William Shackerly, to Barbadoes, there to be sold, 
to make Satisfaction towards the Charges he has occasioned. 
New York Records, No. 1. Fol. 62. 
1672. Feb. 20. 

The Governor's Order, dated at New York, Keeites, that 
Jeuffro Armegart Prince obtained a Judgment on Verdict of a 
Jury, at the last General Court of Assize, against Andrew Carr, 



BOUNDARY QUESTION. 279 

and his Wife, for 3000 Guilders, or 3001. sterling - , the Determina- 
tion whereof being referred to the majorPart of the Bench, they 
made a Report, that 501. should be allowed for Interest, leaving 
the other Charges and Costs to the Determination of the Law. 
Upon due Consideration had thereupon, the Governor comfirms 
and approves of the Judgment for the 3001. and 501. for In- 
terest, together with 51. more, towards the Plaintiff's Charges, 
and the usual Costs of Court, all which is to be levied upon 
the Estates and Goods of the Defendants in Delaware River, or 
elsewhere, within the Government : To which End the Gov- 
ernor appoints four Persons to be Commissioners to appraise, 
and set a Value upon the Island of Titticum in Delaware River, 
not long since in the Tenure of the Defendants, as also all other 
Goods or Estate belonging to them, to make Payment to the 
Plaintiff. New York Records, No. 1. Pol. 62. 

The same Day. 

The Governor at New York signs an Execution, directed to 
the Sheriff of Newcastle, in Delaware River, against the said 
defendants, for the aforesaid debt, &c. New York Records, No. 
1. Fol. 63. 

March 10. 

A Pass for John Schouten, to go, with his Sloop, to Newcastle 
in Delaware River, or Parts adjacent, and to return again with 
his Loading hither. New York Records, No. 1. Fol. 63. 

The same Day. 

A Licence to John Garland, to trade or traffick with the In- 
dians, or others, at the Whorekill, or any other Parts at Dela- 
ware, in any Goods not prohibited, and likewise to go up the 
River above Newcastle, in any Vessel belonging to this Place, ac- 
cording to the Toleration granted by me in Council, 27 January 
last. And all Officers and Magistrates at Delaware are required 
not to hinder him, any former Orders to the contrary notwith- 
standing. New York Records, No. 1. Fol. 63. 

1673. Apr. 7. 

Two several Grants at full Length, from Governor Lovelace, 
as the Duke's Governor, both dated in New York. 1. To 
Mathias de Ring and Emilius de Ring of a House and Lot of 
Ground at Newcastle, reserving to the Duke the Quit Rent 
of one Bushel. 2. To Captain Edmund Cantwell, and Johannes 
de Haes, of 100 Acres of Land between Dog Creek and Namon's 
Creek, reserving to the Duke the Quit Rent of one Bushel of 
Wheat. Newcastle Records, No. 11. Fol. 13, 14. 

April 14. 
From the New York Records, Minutes of the Governor and 



S80 PENNSYLVANIA AND MARYLAND 

Council. The Affair of the Whorekill taken into Consideration ; 
Letters read from Captain Carr, Captain Wharton, and Captain 
Cantwell ; with their Proposals for Red ueement of. the Place, it 
is ordered, that a Commission be sent, to the Officers and Mag- 
istrates at Delaware, to go to the Whorekill, there to keep a 
Court in the King's Name, and enquire of all irregular Pro- 
ceedings, and settle the Government and Officers there, as for- 
merly, under his Majesty's Obedience, and the Protection of 
his Royal Highness; for which there shall likewise be sent par- 
ticular Instructions. New York Records, No. 1. Fol. 64. 

So that this shews that the Marylanders did not keep Pos- 
session of the Whorekills. 

June 24. 

Minutes of the Governor and Council, and a Proclamation, 
reciting the great .Scarcity of Wampum, throughout the Duke's 
Territories, which was paid and received as Current Payment 
there, in all Transactions between Man and Man : Therefore, 
in order to bring in Wampum, encreasing, and raising the Value 
of it to one Third more than it was of before; and this Procla- 
mation shall be sent, and promulgated in Albany, Esopus, and 
Delaware, &c. there to be in Force. New York Records, No. 1. 
Fol. 64. 

It is hoped the foregoing Records, under this Chapter, af- 
ford super-abundant Proof of the Fact, that the Duke of 
York (also) from 1663 to 1673, did actually possess both 
New York, and Delaware; and that he, by his successive 
Governors, Colonel Nicholls, and Colonel Lovelace, held 
and accounted Delaware, as Part of, and appurtenant, in 
his Time to New York ; and that he did, in the Terms of 
our Allegations in our Bill, all Sorts of Acts of Owner- 
ship, Government, and Propriety in Delaware, equally, 
and as well as in New York. 
But, it being now Time of War with the Dutch, they, by 
the Numbers of Dutch left there at the former Conquest, 
did, about this Time, for a few Months only, dispossess 
the Duke, as shall be shewn in the next Place. 



Chap. IV. Of the Dutch regaining Possession (or a few Months) 
of New York and Delaware also. 

1673. Aug. 12. 

Out of the Dutch Record Book, (remaining in the Secretary's 
Office of New York) containing Orders of the Council of War, fly 
the Commanders of the Dutch Squadron— is extracted the fol- 
lowing Dutch Commission, viz. The noble and strict Council of 



BOUNDARY QUESTION. 281 

War, under the States General and Prince of Orange, of a 
Squadron of Ships now riding at Anchor in Hudson's River, in 
New Netherland. To all, &c. Greeting. Whereas it is neces- 
sary to appoint a fit Person, who, as Governor General, is to 
have the chief Command over this Conquest of New Netherland, 
with all its Appendencies and Dependencies, beginning from 
Cape Hinlopen, or South Side, of the South, or Delaware Bay, 
and 15 Miles more Southerly, (with the said Bay, and South 
River, included) as the same, in former Times, by the Directors 
of the City of Amsterdam, and, afterwards, by the English 
Government, in the Name, and under the Duke of York, was 
possessed ; and further, from said Cape Hinlopen, alongst the 
main Ocean, to the East End of Long Island, and from thence 
Westward, &c. , provided it come not within ten Miles of the 
North River, in pursuance of some Provisional Limits made in 
the Year 1650, and afterwards by the States General, on 20 Feb. 
1656, and on 23 Jan. 1664, ratified ; so we by Virtue of our Com- 
mission granted to us by the States General and Prince of 
Orange do appoint Anthony Colve, the Captain of a Company of 
Foot in the Service of the States General, and the said Prince, as 
Governor General, those Lands, and Forts thereto belonging, 
with all its Appendencies and Dependencies, to govern, rule, 
and against all Invasions of Enemies to defend ; ordering all 
Officers, Judges, Magistrates, Commanders, Soldiers, Free- 
men, and all Inhabitants of those Countries to obey him as Gov- 
ernor, Dated in Fort William Hendricks; and signed Cor- 
nelius Everse Jun. and Jacob Binkes, Dutch Records from New 
York, No. 2. Fol. 43. 

Sept. 19. 

At the Meeting of the Gentlemen, Commanders, and Council 
of War, held 19 Sept. 1673, the foregoing Commission, for 
Governor General Anthony Colve, was registered this Day, by 
Order of the Commanders. Dutch Records, No. 2. Fol. 43. 

Sept. 19. 

The same Day Governor Anthony Colve, by the Title of 
Governor General, under the States General, and Prince of 
Orange, by his Commission, reciting the Necessity to appoint a 
Person to be Commander and Sheriff, in the South River of 
New Netherland, last called Delaware, beginning from Cape 
Hinlopen, and as much more Southerly as the same, heretofore, 
in the Time of the former Dutch Government, was possessed 
and enjoyed, to the Head of the said River; and reciting the 
good Character of Peter Alricks, late Ensign and Factor there, 
at the Time of the said former Dutch Government, does ap- 
point the said Peter Alricks Commander, and Sheriff of the 



282 PENNSYLVANIA AND MARYLAND 

said River, and the Inhabitants thereof, to govern and rule, 
under the chief Command and Direction as above said, the said 
River and Inhabitants, as well on the East as Western Shore, 
and to defend them from all Enemies Invasions. Dated at Fort 
William Hendrick in New Netherlands; signed A Colve. 
Dutch Records, New York, No. 2. Fol. 45. 

Feb. 1(5. 

An Entry in the Dutch Book of Records, that a Patent and 
Ground Brief was granted to two Brothers, Ephraim and Cas- 
par Harmans, for a Neck, or Piece of Land, in the South River, 
below New Amstel, on the South Side of Apoquinimini Creek, 
by Dieck Creek, and St. Augustine's or Arien's Creek, con- 
taining, besides the Meadows, 250 Morgan, (500 Acres) which 
Ground Brief is signed by the Governor Colve, and the Secre- 
tary N. Bayard. Dutch Records, New York, No. 2. Fol. 45. 

The same Day. 

The same Grant entered at full Length in the old Records of 
Newcastle. Newcastle Records, No. 11. Fol. 15. 

Feb. 9-19. 

Articles of Peace between King Charles the Second, and the 
States General, concluded at Westminster, the 6th Articles 
whereof is in these Words. " That whatever Country, Island. 
"Town, Haven, Castle, or Fortress hath been, or shall be taken, 
"by either Party, from the other, since the Beginning of the 
"late unhappy War, whether in Europe, or eleswhere, and 
"before the Expiration of the Times above limited for Hos- 
"tility, shall be restored to the former Owner, in the same Con- 
dition it shall be in at the Time of publishing this Peace." 
This is printed by the King's Printer, and by the King's Spe- 
cial Command, so long ago as 1685, and is the printed Book of 
Treaties, Fol. 180. 

Certificate from the King's Prothonotary in Chancery, that 
He cannot find any Inrollment of this Treaty neither, nor any 
Original, or other Transcript, or Memorial of it. Paper Cer- 
tificate. - , 

Note — This Treaty also has been diligently enquired after by 
Paris, but is lost. 

So that by this Treaty we see the Dutch gained but a short 
Possession of New York and Delaware, of a very few 
Months only, before they restored it again to this Crown, 
by Treaty. 



BOUNDARY QUESTION. 283 



Chap. V. From the New Grant made by King Charles the Second 
to the Duke of York, in June, 1674, doion to the Time of grant- 
ing Pensilvania, and the Lower Counties, to Mr. Penn, and 
his being in full Possession of all the same, at the End of 
the Year 1682. 

26 Car. II. 1674, June 29. 

From the Chappie of the Rolls, Copy of the Grant made 
(without any Recital) to the Duke of York, by Letters Patent, 
of All that Part of the main Land of New England, beginning 
at St. Croix, next adjoyning to New Scotland in America, and 
extending, along the Coast to Pemaquid, and so, up the River 
thereof, to the furthest Head of the same, as it extended North- 
wards; and extending, from thence, to the River of Kineb3quie, 
and so, upwards, by the shortest Course, to the River Canada, 
Northwards ; and also all that Island called Mattowacks, or 
Long Island, lying towards the West of Cape Codd, and the 
Narrohigansetts, abutting upon the main Land, between two 
Rivers there, severally called Connecticut's and Hudson's 
River; and the said River, called Hudson's River; and all the 
Land, from the West Side of Connecticut River, to the East 
Side of Delaware Bay : and also all those several Islands, called 
Martin Vinyards, and Nantuckett ; together with all the Lands, 
Islands, Soils, Rivers, Harbours, Mines, Minerals, Quarries, 
Woods, Marshes, Waters, Lakes, Fishings, Hawkings, Hunting, 
and Fowling; and all other Royalties, Profits, Commodities, 
and Hereditaments, to the said several Islands, Lands, and 
Premises belonging and appertaining, with their, and every 
of their Appurtenancies; and all the King's Estate, Right, 
Title, Interest, Benefit, Advantage, Claim, and Demand, of, 
in, or to the same, or any Part thereof. 

To hold to the Duke of York in Fee, to be held of the King, 
as of the Manor of East Greenwich, in free, and common Soc- 
cage, and not by Knights Service, rendering 40 Beaver Skins 
yearly : 

With Powers of Government, &c. , granted to the Duke of 
York, and to appoint Governors, Officers, and Ministers under 
him: and an express Power (Fol. 4) to the Duke of York, his 
Governors and Officers, for their Defence and Safety, to en 
counter and expulse, by Force of Arms, as well by Sea as by 
Land, all such Persons as, without their Licence, should at- 
tempt to inhabit within the several Precincts and Limits of 
his Majesty's said Territories, and Islands, &c. Being in the 
like Words with the former Grant, made to the Duke in 1663. 
This Exhibit is proved by Bulmer, and is Rocha, No. 5. 



284 PENNSYLVANIA AND MARYLAND 

Please to observe, that this second Grant to the Duke of York, 
of all Lands belonging to his great Settlements, when, in Fact, 
Delaware, had really belonged to those great Settlements for 
ten Years together before, in the Hands of the Duke of York 
himself, as well as that it had also, before that, belonged to 
the Dutch, whilst they had the Possession of New Netherlands, 
(from 1629 to 1674, in the whole) seems to make those general 
^Vords more significant and effectual to the Duke of York, in 
this second Grant, than they were in the first Grant, made to 
him 11 Years before. 

July 1. 

In two Days after the Grant to the Duke of York he granted 
a Commission, reciting the Letters Patent to himself, and ap- 
pointing Major Edmund Andros to be his Lieutenant and Gover- 
nor within the Lands, Islands, and Places aforesaid, to execute 
all Powers, which by the said Patent were granted to the Duke ; 
requiring all the Inhabitants to yield Obedience to the said 
Edmund Andros Esq ; and the said Edmund Andros to observe 
all such Orders as he should receive from the Duke. This Com- 
mission is enrolled at New-York, and our Copy from thence is 
New-York Records, No. 1. Fol. 65. 

Oct. 31. 

A Record of Matters past in Council since the Governor's re- 
ceiving the Province of New- York from the Dutch, Oct. 31. 1674. 
Saturday, Oct. 31. 1674. The Fort being, this Day, surrendered 
to the Governor, Mr. Matthias Nicolls was, at the City-Hall, 
sworn one of the Council. Three Constables for the City of 
New-York were there likewise appointed and sworn. New- 
York Records, No. 1. Fol. 66. 

Nov. 2. 

By the Governor, It is resolved and ordered that the Magis- 
trates at Albany, &c. , who were in place at the time of the Dutch 
coming here, in July 1673, be re-established ; the same for Dela- 
ware River (except Peter Alricks the Bayliff,he having profer'd 
himself to the Dutch, at their first coming, of his own Motion, 
and acted very violently, as their chief Officer, ever since) 
]New-York Records, No. 1. Fol. 66. 

Nov. 3. 

Governor Andros's Letter, dated at New-York, to the Gov- 
ernor of Maryland, acquainting him that he had, on Saturday 
last, received that Place, and Dependencies, from the Dutch, in 
behalf of his Majesty, to continue, as formerly, under the Com- 
mand of his Royal Highness He takes this first Opportunity 
to acquaint him thereof, and that he has given Orders that 



BOUNDARY QUESTION. 285 

all Officers and Magistrates of that Government and Delaware 
do take Care, on this Change, to prevent, or redress, any kind 
of Injury to the neighbouring Colonys, and will not doubt the 
like on the Governor of Maryland's Part. New-York Records, 
No. 1. Fol. 7. 

Nov. 4. 

Several Officers are appointed for several Places in New- York 
itself; after which it goes on thus, viz. Capt. Edward Cant- 
well formerly Sheriff, to be Scout or Sheriff of Delaware, Mr. 
William Tom to be Secretary or Clerk there; Ordered that 
Capt. Cantwell and Mr. Tom be authorized to take possession 
of the Fort, Cannon, and all other Stores of War of Newcastle, 
or any Part of Delaware River, for his Majesty, pursuant to 
the Articles of Peace, and to remain in the Command thereof 
until further Order; That Capt, Cantwell and Mr. Tom have 
an Order to receive the Quit Rents, and all other Dutys, 
whether Customs or Excise, as formerly was established before 
the Dutch coming to the Place; and, for Customs, it is, since, 
established by his Royal Highness; and to return to me a due 
Account of the State of all other Matters relating to the Revenue 
by the first Convenience. New-York Records, No. 1. Fol. 66. 

1674. Nov. 4. 

Governor Andros's Commission, dated in New-York, appoint- 
ing certain Persons whose Names are left in blank, but the 
Commission is directed, "To the Commissarys of Newcastle 
"in Delawai-e, who were in Office at the time of the Dutch eom- 
"ing into these Parts in July 1673;" The Commission recites, 
that the Governor had received that Place and Government in 
the behalf of his Majesty, from the Dutch, and being invested in 
the Command thereof under the Duke, he, in his Majesty's 
Name, appoints them to be Commissarys in the Town of New- 
castle upon Delaware River and Dependances, authorising 
them to act according to the Laws and Customs as had been used 
amongst them during his Royal Highness's Governor Nicolls 
and Governor Lovelace's time. Iinpowers them also, to give 
Order for electing a Constable, in each of the other Towns ad- 
jacent, and to administer the Oath to him, as directed in the 
Laws establish'd by his Royal Highness. New-York Records, 
No. 1. Fol. 68. 

Same Day. 

A short Letter from Governor Andros along with that Com- 
mission. New -York Records, No. 1. Fol. 68. 

Nov. 4. 

Two several Commissions from Governor Andros, both dated 



286 PENNSYLVANIA AND MARYLAND 

in New-York, 1. Appointing Capt. Edmund Cantwell and 
Johannes de Haas to receive the Quit- Rents at Delaware, and 
Arrears thereof, together with all other Dutys, whether Custom 
or Excise, as were due and formerly establisht before the Dutch 
coming into the Place in July 1673, as also for the Customs 
now, as they have been since ordered by his Royal Highness, 
a Copy whereof is herewith sent ; and ordering these Persons to 
send to Governor Andros a due Account of these, as well as of all 
other Matters, relating to the Revenue and Government. 2. The 
Second Commission appoints William Tom Secretary for the 
Town of Newcastle on Delaware. New- York Records, No. 1. 
Fol. 69. 

Nov. 6. 

Governor Andros's further Commission dated in New York, 
recites that Delaware is a Dependant on New York, and au- 
thorizes Captain Cantwell and Mr. Tom to receive the Fort at 
Newcastle, as also the cannon, and Stores of War there, or any 
other Part of the River, for the King's Use, pursuant to the 
Articles of Peace; and also to send to any other Part of the 
Country for repossession and settling any of His Majesty's 
Subjects in their just Rights, and particularly at the Whore- 
kill. New-York Records, No. 1, Fol. 69. 

Same Day. 

An Entry of the Names of five Persons as Justices for New- 
castle, and five more for the River. New- York Records, No. 1. 
Fol. 70. 

Nov. 9. 

Governor Andros's Proclamation, dated in New- York, recites 
that the King and the DuKe had sent him over to receive that 
Place and Government from the Dutch, and to continue in the 
Command thereof under the Duke, he confirms all former 
Grants, Privileges, and Estates legally possest under the Duke 
before the late Dutch Government : and declare that the known 
Book of Laws, formerly establisht and in Force under the Duke's 
Government, is now again confirmed by the Duke, and Courts 
are to be held, and Magistrates and Civil Officers belonging 
thereto, are to be chosen, and establisht accordingly. New- 
York Records, No. 1. Fol. 70. 

Nov. 11. 

Govenor Andros's Commission, dated in New- York, impow- 
ering Capt. Cantwell and Mr. Tom, to administer the Oath, to 
the Commissarys at Newcastle, to those of the Court up the 
River, and to those at the Whorekill in the Bay. New-York 
Records, No. 1. Fol. 71. 

So that the Duke of York has clearly now the Possession 
of the Whorekills again. 



BOUNDARY QUESTION. 287 

Nov. 12. 

Governor Andros's Order, dated in New-York, to Capt. Cant- 
well, to enquire for the King's Colours, which Capt. Carr, late 
Deputy-Governor at Delaware had, and to use the same in the 
Fort, and for the Company whereof Capt. Cantwell was Captain 
in Newcastle. New- York Records, No. 1. Fol. 70. 

Jan. 9. 

Governor Andros's Letter, to Capt. Cantwell at Delaware, 
expressing his satisfaction that Cantwell had taken possession 
of the Fort, and also settled the Magistrates in Newcastle, and 
up the River, and at the Whorekill; gives him Orders about 
the Fort; orders him to give New-comers any reasonable 
Quantity of Lands ; appoints him Surveyor for the whole River 
and Bay; as to the execution against Carr's Estate, my Pro- 
clamation sufficiently confirms all Judicial Proceedings; gives 
him Directions about the Militia;, as to the Whorekill, the 
Number is, as yet, too little for a Company; but, if it's neces- 
sary, you may appoint a Lieutenant, who may chuse Serjeants, 
and command there; you have done well in summoning the 
Indians to demand Justice for the Murtherof Dr. Roads, which 
pray prosecute, that it may be effected without War ; but if not, 
let me hear from you, that I may take Order in it and supply 
you accordingly. New- York Records, No. 1. Fol. 72. 

Feb. 23. 

Governor Andros's Letter from New- York to Capt. Cantwell. 
I shall come into your Parts in April, in the mean time you 
are not to suffer Capt. Carr to make away his Estate, upon which 
you may lay an Attachment in the King's Behalf. You are 
also to prepare an Account and State of the customs to Lady- 
day next, to be remitted to his Royal Highness's Chief Col- 
lector here. New-York Records, No. 1. Fol. 73. 

1675, Mar. 27. 

Governor Andros's Letter from New-York, directed to Capt. 
Edmund Cantwell Scout of Newcastle in Delaware. About an 
Indian found dead and supposed to have been murdered, about 
the Indians having formerly murder 'd Dr. Roads. About an- 
other Indian killed by an Inhabitant in the River, and Orders 
that the Magistrates enquire into that last Murder and do Jus- 
tice immediately in it, altho' it should not be demanded by the 
Indians. He adds, I hope you have prohibited all manner of 
distilling of Corn, as well as its Transportation; if not, I pray 
that it be done presently. New-York Records, No. 1. Fol. 74. 

Apr. 23. 

Governor Andros's Letter to Capt. Cantwell, on receiving an 



288 PENNSYLVANIA AND MARYLAND 

Account from him of the Murder of two Christians ou the 8th 
instant about Milstone River. Tells him the Nevisans Sache- 
makers; and about 30 of their People had been just now with 
him, and concluded a Peace. I have sent to Governor Carteret, 
to enquire into this Murther, and to give Order for Horses for 
our Journey to Delaware, to be ready the last instant. I shall 
come by the way of the Falls, where you may meet me Tuesday 
the 4th, or may come on further, towards Millstone River : 
In the mean time look to yourselves, and give no Offence or 
Suspicion to the Indians. As to James Sandyland you ought 
to have a Court and legal Trial to detain, punish or release 
him, therefore, let that be done, for that was my Meaning; 
as to his being out upon Bail, if he be not criminal it cannot 
be denied him. New- York Records, No. 1. Fol. 75. 

Same Day. 

Minutes of the Governor and Council agreeing to the Matters 
mentioned in the Governor's above Letter. New- York Re- 
cords, No. 1. Fol. 75. 

Apr. 30. 

Governor Andros's Letter from New- York, to Capt. Cantwell, 
on receiving from him an Express with the Alarm in his Parts, 
and Fear thereof the Indians Intention to do Mischief; telling 
him his Information is wrong, for Reasons which he gives him : 
shall set out the 3d of May, and be at the Falls next Day, and 
hope for the Quiet and Settlement of all those Parts. Thanks 
him for his Care for the Preservation of the Inhabitants of the 
River, and giving Notice to prevent Surprizes, and providing 
against all Events; and, if there shall be Occasion, I shall not 
be wanting in supplying you with all Things necessary. New- 
York Records, No. 1. Fol. 76. 

May 13 & 14. 

An Order made, at a special Court, held by the Governor at 
Newcastle in Delaware, in the Case of the Inhabitants at Ver- 
drietys Hook, in this River, complaining that William Tom 
molests them in the Enjoyment of the Meadow-Ground next 
their Plantations, and Tom claiming the same by virtue of a 
Patent from Colonel Nicolls, a Compromise relating to the 
Enjoyment of the same was proposed, and ordered. Records 
from Newcastle, No. 11. Fol. 16. 

May 15. 

An Order made and signed by Governor Andros at Newcastle, 
and recorded at the last-mentioned special Court, ordering that 
all new Lands be surveyed and patented, and recorded in the 
Court-Books, of the several Jurisdictions or Precincts; also, 



BOUNDARY QUESTION. 289 

that all Lands, formely taken up and settled, but not surveyed, 
and the Owners have not Patents, that such Owners, forthwith, 
before the next general Court, give Notice to the Surveyor- 
General that it be done, and they take out Patents to assure 
them their Lands, and prevent future Disputes, and that it 
be recorded. In order to which, you are to give Notice at your 
next Monthly, or Quarterly Courts, in the several Precincts, 
And this Order is directed thus, "To the Three several Courts 
"of Delaware River or Bay." Records from Newcastle, No. 11. 
Fol. 17. 

June 23. 

From the New- York Records, Minutes of the Governor and 
Council, upon the receiving Letters from Delaware about a 
Disturbance of the People there, and their Disobedience to the 
Magistrates, It is order' d that some Person be sent thither- 
about it, and that, with the Person to be sent to Delaware, 
two Files of Soldiers, or some Force, be sent likewise, New- 
York Records, No. 1. Fol. 76. 

July 24. 

Minutes at another Meeting of the Governor and Council, 
That the former Order of Council of 23 June, about the Dis- 
turbance at Delaware, be respited ; and that an Order, or special 
Warrant, be sent thither, for Jacobus Fabricius and John Ogle, 
as Ringleaders, to make their Appearance here to answer the 
Misdemeanors objected against them touching the late Distur- 
bance; also, the Business about Capt. Carr's Meadow-Ground 
at Newcastle being taken into Consideration, it is order'd that 
the Order made at Delaware, be observed, for the valuing of 
the said Land, and the Town to have the Refusal. New- York 
Records, No. 1. Fol. 77. 

July 26. 

Then immediately follows the two special Warrants, signed 
and sealed by Governor Andros in New-York, against Fabricius 
and Ogle at Delaware, reciting that the Governor had received 
Information from the Magistrates at Delaware, that they were 
principal Ringleaders in the tumultuous Disturbance upon 4th 
June last at the Town of Delaware, and had disobeyed the 
Order set forth by the Magistrates in a riotous manner; com- 
manding them, therefore, in the King's Name, forthwith to 
make their personal Appeareance before the Governor in New 
York, to answer what shall be objected against them on tha* 
account, as they'll answer the contrary at their utmost Peril. 
New- York Records, No. 1. Fol. 77. 
10— Vol. XV. 



290 PENNSYLVANIA AND MARYLAND 

July 26. 

A Grant from Governor Andros, dated in, and sealed with 
the Seal of the Province of New-York, recorded at full length 
there, reciting a Patent heretofore granted by the late Governor 
Lovelace, unto Robert Tallant, on 26 Feb. 1(371, for 400 Acres 
of Land on the West side of Delaware River, and on the South- 
east side of Apoquimini Creek, and reciting divers mesne As- 
signments thereof down to BezalieU Osborne; now Governor 
Andros, by virtue of his Commission and Authority froin the 
Duke of lork, ratifys, confirms and grants the said Premisses, 
unto the said Bezaliel Osborne in Fee, reserving as a Quit- 
Rent to the Duke, four Bushels of Wheat. This is the first 
Grant of Lands which we have, that was made by Governor 
Andros, and it happens to be entered at full length, and so 
shews the Form of his Grants ; we have some Hundreds more 
of his Grants hereafter, but they are (as to many of them) very 
shortly recorded. This is New-York Records, No. 3. Fol. 9. 

Juhj 28. 

A Letter dated in New- York, signed by M. Nicolls, and there 
said to be sent by the Governor's Order to Capt. Cantwell ; as to 
Capt. Carr's Meadow and Land near the Town, now upon Sale, 
and in Dispute betwixt the Town and particular Persons, the 
Court is to make a ! Return thereof to the Governor, whether 
it was -ever enclosed or improved, particularly since Capt. Carr 
had it; in the mean time it to remain as it was the last seven 
Years of the English Government, before the Dutch took 
the Place in July 1673: Upon which Return the Governor will 
give further Directions. Encloses the two special Warrants 
for Fabricius and Ogle; the other chief Ringleaders are to be 
bound over to the next General Court there. New-York 
Records, No. 1. Fol. 77. 

Sept. 15. 

From New-York Records, Minutes of the Governor and 
Council, Fabritius being ordered, by special Warrant, to make 
his Appearance before the Governor here, to answer a Complaint 
made against him by the High-Sheriff and Court at Newcastle, 
Ogle falling sick appeared not, it's ordered that Fabritius, in 
respect of his being guilty, and his former irregular Life, be 
suspended from exercising his Function as a Minister, or preach- 
ing any more within this Government, either in publick or 
privates. The Orders of the Court at Newcastle, for making 
the Dykes, to be confirmed ; The Out-People to have like Com- 
monage of the Meadow, adjoining to the Dykes they helped to 
make, as those of the Town. Captain Carr's Meadow having 
never been enclosed, nor purchased from the Indians, It is 



BOUNDARY QUESTION. 291 

ordered that the said Lands shall be purchased of the Idnian 
Proprietors in the Duke's Name, ; in the mean time to remain 
Common, as it is. Ordered that the Block-house at Newcastle, 
be removed, and built on the Back-side of the Town, about 
the middle of it, at or near the Old Block-house, wherein there 
may be a Court-house and a Prison also. New-York Records, 
No. 1. Fol. 78. 

Sept. 23. 

An Indenture between Edmund Andros Esq ; Governor and 
Lieutenant under the Duke of York, of all his Territories in 
America, for and on behalf of the Duke of the one Part, and 
Mamarakickan, Auricktan, Sackoquewan, and Nanneckos, on 
behalf of themselves, as the true Sachems and lawful Indian 
Proprietors of the Lands after-mentioned, on the other Part. 
Whereby, in consideration of a certain sum of Wampum, and 
other Goods, mentioned in the Schedule, to them in hand paid, 
they grant, bargain and sell to Governor Andros, for and on 
behalf of the Duke of York, 

All that Tract of Land, on the West side of Delaware River, 
begining at a Creek next to Cold Spring, somewhat above Mat- 
tinicom Island, about 8 or 9 Miles below the Falls, and as far 
above the said Falls as the other is below them, or further that 
way, as may be agreed on, to some remarkable Place for the 
more certain Bounds; As also, all the Islands in Delaware 
River, within the above mentioned Limits, both below and 
above the Falls (except only one Island called Peter Alrick's 
Island) together with all Lands, Soils, Meadows, Woods, 
Marshes, Rivers. Waters, &c. , without any Reservation of the 
Herbage or Trees, or any thing growing or being thereon. 

To hold to Governor Andros and his Successors, for and on be- 
half and to the Use and Behoof of the Duke of York, his Heirs 
and Assigns for ever. Which Deed is executed before 12 Christian 
Witnesses, of which Edmund Cantwell is one; and the Schedule 
enumerates a great Quantity of Goods paid for said Purchase. 
New-York Records. No. 1. Fol. 79. 

Oct. 21. 

Governor Andros' s Letter from New-York to the Governor of 
Maryland, merely about some expected Quarrels with the In- 
dians, and offering him his friendly Assistance. New York 
Records, No. 1. Fol. 81. 

Nov. 5. 

An Entry in the New-York Records, that the above-mentioned 
Indian Purchase Deed was then recorded, as it is at full length. 
New-York Records, No. 1. Fol. 79. 



292 PENNSYLVANIA AND MARYLAND 

Nov. 5. 

Three several Grants from Governor Andros. 1. To Thomas 
Spry of a Parcel of Land called Doctor's Commons, on the West 
Side of Delaware River, and on the South Side of St. George's 
Creek, containing 160 Acres, together with the Marshes there- 
unto, as by the Return of the Survey by Captain Edmund Cant- 
well, Quit-Rent 1 Bushel and half 2. To James Crawford of a 
Parcel of Land called Barwick, on the West Side of Delaware 
Bay, on the South Side of St. George's Creek, and laid out for 
210 Acres together with the Marshes thereunto, as by the same 
Surveyor's Survey, Quit-Rent 2 Bushels. 3. To Bernard Egberts 
of a Parcel of Land, called Smith's Hall, on the West Side of 
Delaware River, on the South Side of St. George's Creek, con- 
taining 30Q Acres, as by Cantwell's Survey, Quit-Rents 3 
Bushels. New-York Records, No. 3. Fol. 10. 

Same Day. 

Two more Grants from Governor Andros. 1. To Jacob Young 
for a Parcel of Land on the West Side of Delaware River, on 
the North Side of St. George's Creek, containing 1280 Acres, 
with the Marshes thereto, as by Cantwell's Survey, Quit- Rent 
12 Bushels and 3 Pecks. 2. To Hermanus Wiltbank, of Land 
near to the Whorekill in Delaware Bay, lying upon Fish-Creek, 
containing 800 Acres, as by Cantwell's Survey, Quit-Rent 8 
Bushels. New-York Records, No. 3. Fol. 11. 

Same Day. 

Two more Grants from Governor Andros. 1. To Henry Ward 
of a Neck of Land on West Side of Delaware River, between the 
Beaver Dam and Dragon Swamp, near to St. George's Creek, 
containing 446 Acres and I, with the Marshes thereto, as by 
Cantwell's Survey, Quit-Rent 4 Bushels and ',. 2. To William 
Roods, of a Tract of Land at the Whorekill on the West Side 
of Delaware Bay, called Rehobah, lying upon Rehobah Bay, 
bounded on one Side by John Avery's Land, containing 600 
Acres, as by Cantwell's Survey, Quit-Rent 6 Bushels. New- 
York Records, No. 3. Fol 12. 

Note — The first of those Grants is also at full Length recorded 
in Newcastle Records, No. 11. Fol. 18. 

This last Grant, amongst many other Proofs, shews, the 
Whorekills was the Name of a District ; for Rehobath Bay is > 
at least 7 Miles from the Town of Whorekills or Lewis, and 
yet is said to be at the Whorekills. 

1675, Nov. 5. 

Three more Grants from Governor Andros. 1. To Hans Peter- 
son, of Land on the West Side of Delaware River, in Skillpades- 
Kill or Creek extending out of Christiana Creek, containing 
157 Acre* and i, with the Marshes thereto, as by Cantwell's 



BOUNDARY QUESTION. 293 

Survey, Quit-Rent 1 Bushel and |. 2. To Charles Peterson, 
of Land, on the West Side of Delaware River, on the North 
Side of Verdrityes Hook, containing 266 Acres, with the 
Meadow or Marsh thereto, as by Cantwell's Survey, Quit- 
Rent 2 Bushels and L 3. To George Moor, of Land called 
Winsor, on the West Side of Delaware River, on the South 
Side, of St. George's Creek, containing 280 Acres, with the 
Marshes thereto, Quit- Rent 2 Bushels and •]. New-York Re- 
cords, No. 3. Fol. 13. 

Two more Grants from Governor Andros. 1. To Anne Wale 
of Land, called Chelsey, oh the West Side of Delaware River, 
and on the South Side of St. George's Creek, containing 300 
Acres, with the Marshes-thereto, as by Cantwell's Survey, Quit- 
Rent 3 Bushels. 2. To John Ogle of Land, oh the West Side 
of Delaware River, called Hampton, on the North Side of St. 
George's Creek, containing 300 Acres, as by Cantwell's Survey. 
Quit-Rent 3 Bushels. New-York Records, No 3. Fol. ,14. 

Note — The last of these Grants is also recorded at full Length 
in Newcastle Records, No. 11. Fol. 19. 
Same Day. 

Two more Grants from Governor Andros. 1. To Morris Listen, 
of Land on the West Side of Delaware Bay, lying on a Fork of 
Cedar Creek, containing 150 Acres, as by Cantwell's Survey, 
Quit Rent 1 Bushel and £. 2. To Peter Bawcom and Richard 
Blinks, of Land on the West Side of Delaware Bay, called 
Stening, or Bawcom Briges Creek, containing 600 Acres, together 
with all Marshes thereto, as by Cantwell's Survey, Quit-Rent 6 
Bushels. New-York Records, No. 3. Fol. 15. 

Dec. 1. 

Another Grant from Governor Andros, to Ephraim and 
Caspar Harman, of Land, called St. Augustine, on the West 
Side of Delaware River, being on the North Side of Apoquemini 
Creek, and on the South Side of St. Augustine's Creek, con- 
taining 400 Acres, as by Cantwell's Survey, Quit-Rent 4 Bushels. 
New-York Records, No. 3. Fol. 16. 

Note — The same Grant recorded, at full Length, in New- 
castle Records, No. 11. Fol. 20. 

Dec. 5. 

Minutes of the Governor and Council taken from New- York 
Records. The Letter from Captain Edmund Cantwell being 
taken into Consideration, concerning the Arrival of Mr. Fen- 
wick and others at Delaware, with their Pretences. Resolved, 
that Mr. Fenwick having no Order, (which if he had, ought 
to have been brought first and recorded here) he is not to be 
received as Owner of any Land in Delaware, but to be used 



294 PENNSYLVANIA AND MARYLAND 

civilly, paying all Duties, as other the King's Subjects in those 
Parts : and if he, or any that come with him, desire Land to 
the Westward, that there be assigned them fitting Proportions, 
as to others, and due Return made of the Surveys : As to any 
Privilege, or Freedom of Customs, or Trading on the Eastern 
Shore, none to be allowed, in any case, to the smallest Vessel, 
Boat, or Person. The Magistrates and Chief Officers are to be 
very careful that there be no Abuse committed on the Eastern 
Shore, under any Pretence whatsoever, contrary to the above : 
As to Customs, Newcastle to pay but as New-York, two per Cent. 
&c. But, above the Town, or any other Place on the Bay or 
River, except Whorekill, to pay the Addition of 3 per Cent, as 
per Regulation. New- York Records, No. 1. Fol. 82. 

Note— A Copy thereof, but signed Mat. Nicoll's Secretary, and 
expressly called Minutes of a Council held in New- York, is also 
entered in Newcastle Records, No. 11. Fol. 21. 

Dec. 10. 

Governor Andros's Letter from New- York to the Governor of 
Maryland, touching a War with the Indians which the Gov- 
ernor of Maryland was engaged in, and wherein the Susque- 
hannah Indians were concern'd. New-York Records, No. 1. 
Fol. 83. 

Dec. 10, 

Governor Andros's Letter from New- York to Captain Cant- 
well. You are punctually to observe the Order I here send you, 
concerning Mr. Fenwick, and the Customs, as practised here, 
which 1 hope will satisfy all Persons; Mr. Dyre will send you 
the Rules you desire, for Entrys, &c. I am sorry you find the 
Indians in your Parts wavering, be just to them, I'll supply 
you with what is fit for a Garison in your Town, at this Junc- 
ture, for Security of your Parts ; and would have you take Or- 
der for removing the Blockhouse, about the middle of your 
Town, above it, into the Place I shewed you when there, so to 
command both Ends. New-York Records, No. 1. Fol, 83. 

Decemb. 14. 

Governor Andros's Commission dated at New York, author- 
ising Casper Harman to fetch and bring in, from out of the 
Woods, in and about Delaware Bay, adjacent to Apoquemini 
and Landwerdin, within this Government, all wild and un- 
marked Cattle, Hogs and Hqrses, not having a known Owner; 
he bringing the same to the Chief Officer or Magistrate at Apo- 
quemini. and paying one third Part or Value to his Royal 
Highness's Use, the other two thirds to be his for his Pain, 
and Trouble. This Commission to be in Force for one Year. 
New York Records, No. 1, Fol. 84. 



BOUNDARY QUESTION. 295 

Dec. 15. 

Governor Andros's Grant dated in, and under the Seal of the 
Province of New York, whereby he grants in Fee to Peter Bay- 
ard, a parcel of Land called Bunibey's Hook, on the West 
side of Delaware Bay, on the Mouth of Duck Creek, contain- 
ing 600 Acres, as by Cantwell 's Survey, Quit-Rent reserved to 
the Duke 6 Bushels. This is recorded at full Length in New- 
castle Records. No. 11. Fol. 22. 

Jan. 12. 

A renewed Execution, under the Hand and Seal of Governor 
Andros, dated at New York, recites that Jeuffro Armegart 
Prince, of Upland in Delaware River, obtained a Judgment at 
the Assisses held in the City of New York in 1672, in the time 
of Governor Lovelace, against Andrew Carr and Persilla his 
Wife, Inhabitants in the said River, for a Sum, for which a 
special Warrant of Execution was also granted, but the same 
was not fully effected ; at her Request that the former Execu- 
tion may be renewed, the Governor in the King's Name, re- 
quires Captain Cantwell, Sheriff of Delaware, or his Deputy, 
to proceed according to the said Judgment, in what remains 
unexecuted. New York Records, No. 1. Fol. 85. 

Jan. 15. 

In the New York Records, a short Entry of a Grant from 
Governor Andros (but without a Date there) unto Percifell 
Wodersell and 4 others of Land on the Westward side of Del- 
aware River, and on the North- West side of Black Bird Creek, 
containing 1200 Acres, as by Cantwell' s Survey, Quit-Rent 12 
Bushels. New York Records, No. 3, Fol. 47. 

Jan 15. 

The same Grant recorded at full length, in .New castle 

Records, No. 11. Fol. 23. 

Jan. 15. 

Another Grant from Governor Andros in New York, and 
under the Seal of that Province, to James Wallem, of a Lot of 
Ground below the Fort in the Town of Newcastle, Quit-Rent 
1 Bushel. Newcastle Records, No. 11. Fol. 24. 

Note— Another Entry of the last Grant in the New York 
Records, No 3. Fol. 49. 

Jan. 15. 

xVnother Grant from Governor Andros in New York, and 
under- the Seal of that Province, to Henry Vanderburch of 
another Town-Lot, below the Fort, in the Town of Newcastle, 
Quit-Rent 1 Bushel, Newcastle Records, No. 11. Fol. 25. 



296 PENNSYLVANIA AND MARYLAND 

Jan. 15. 

Another Grant from Governor Andros in New York, and 
under the Seal of that Province, to John Scott, of a Tract of 
Land on the West side of Delaware River, at the first dividing 
of St. George's Creek, called Maidstone, containing 400 Acres, 
as by Cantwell's Survey, Quit-Rent 4 Bushels. Newcastle 
Records, No. 11. Foh 26. 

Note — Another Entry of the last Grant, in New York Re- 
cords, No. 3. Fol. 51. 

Jan. 15. 

Another Grant from Governor Andros, dated at New York, 
and under the Seal of that Province, to John Edmondson, 
of Land, which had been formerly granted by Colonel Nicholls, 
the Duke's Governor, upon 1 Aug. 1668, to Thomas Woolaston 
and others, being in White Clay Kill, near unto Christiana 
Kill, in Delaware River, containing 800 Acres of Wood-Land, 
besides Valley, on which former Grant, a Quit-Rent of 8 
Bushels was reserved, which being now by mesne Assignment 
come to John Edmonson, Governor Andros grants it to him in 
Fee, reserving the 8 Bushels Quit-Rent. Newcastle Records, 
No. 11. Fol. 27. 

Note — This last is quite a new distinct, parcel of Land, the 
former Grant of it had never before been mentioned in our 
Evidence. 

Jan. 15. 

Another Grant from Governor Andros, dated at New York, 
and under the Seal of that Province, unto Olie Franson and 
two others, of a Tract of Land on the Westward side of Dela- 
ware River, about two Miles above Verdrietigys Hook, con- 
taining 700 Acres as by Cantwell's Survey, 300 Acres of which 
were before granted to them by Patent of 7 April 1673, but the 
other 400 Acres are new Land, Quit-Rent 7 Bushels. Newcastle 
Records, No. 11. Fol. 28. 

Note— An Entry of this last Grant is also in . New 

York Records, No. 3. Fol. 54. 

Jan. 15. 

Another Grant from Governor Andros, dated in New-York, 
and under the Seal of that Province, to Francis Wittwell of a 
Parcel of Land on the West side of Delaware River, called 
Brooshey, on the West side of the South West Branch of Duck 
Creek, containing 400 Acres as by Cantwell's Survey, Quit Rent 
4 Bushels. Kent County Records, No. 14. Fol. 3. 

Note— Another Entry of the last Grant is also in . New 

York Records, No. 3. Fol. 52. 



BOUNDARY QUESTION. 297 

Jan. 15. 

Another Grant from Governor Andros dated in New-York, 
and under the Seal of that Province, to William Tom in Fee, 
of a Tract of Land upon the Whorekill in Delaware Bay, being 
formely the Land of Peter Alricks, near Pagan Creek, contain- 
ing 132, Acres ,as by Cantwell's Survey, Quit-Rent 1 Bushel. 
Sussex County Records, No. 17. Fol. 3. 

Note— Another Entry of the last Grant is also in . New 

York Records, No. 3. Fol. 54. 

Jan. 15. 

Another Grant from Governor Andros, dated in New York, 
and under the Seal of that Province, unto Simon Patten, of a 
Tract of Land at the Whorekill, upon the West side of Dela- 
ware Bay, by Pagans Creek, containing 50 Acres, as by Cant- 
well's Survey, Quit Rent half a Bushel. Sussex County Records, 
No. 17. Fol. 4. 

Jan. 15. 

Another Grant from Governor Andros, dated in New York, 
and under the Seal of that Province, to George Young, of a 
Tract of Land, near unto the Whorekill, in Delaware Bay, 
called Young's Hope, containing 300 Acres, as by Cantwell's 
Survey, Quit-Rent 3 Bushels of Wheat. Sussex County Records, 
No. 17. Fol. 5. 

Note — Another Entry of the last Grant is in .New York 

Records, No. 3. Fol. 53. 

Feb. 21. 

Governor Andros 's Commission dated in, and under the Seal 
of, New York, appointing 5 of the Justices of the Court at 
Newcastle, and 5 of the Justices of Upland Court, and Delaware 
River, a Court of Oyer and Terminer, for Trial of Sybrant 
Johnson and his Accomplices, for a Rape which had been com- 
mitted, on Ann Jurians, within the Jurisdiction of the Court 
at Newcastle. New York Records, No. 1. Fol. 86. 

Same Day or Month. 

An Entry in the New York Records- of a Grant by Governor 
Andros, to William Davids, of Land on the Westward side of 
Delaware Bay, called Roaseberry, a little below the Indian 
Bridge, containing 300 Acres, as by Survey, Quit-Rent 3 Bushels. 
New York Records, No. 3. Fol. 8. 

1676. Mar. 25. 

From New- York Records, Three several Grants from Gov- 
ernor Andros. 1. To Hendrick Coleman and Peter Patcon, of 
Land, on West-side of Delaware River, and on North-west side 
of Millcreek, containing 100 Acres as by Survey, Quit-Rent 1 



298 PENNSYLVANIA AND MARYLAND 

Bushel; 2. To Jurian Hartsfielder, of Land on the West side 
of Delaware River, on the Southwest side of Cohocktincks Creek, 
containing 350 Acres, Quit-Rent three Bushels and a Half. 3. 
To Henry Allison, of Land called Tilmouth Haven, on the 
West side of Delaware Bay, and on the South-side of Fish Creek, 
containing 400 Acres as by Survey, Quit-Rent four Bushels. 
New-York Records, No. 3. Fol. 17. 

Same Bay. 

From New- York Records, Three 1 more Grants from Governor 
Andros, 1. To Thomas Williams, of Land on the West side of 
Delaware Bay, and on North-west side of Baucum Briggs 
Creek, containing 200 Acres as by Survey, Quit-Rent 2 Bushels. 

2. To Robert Tallent, of Land called Poplar-Hill, on the West 
side of Delaware Bay, and on North side of Hangman's Creek, 
containing 200 Acres as by Survey, Quit-Rent 2 Bushels. 3. 
To John Street, of Land called the Chops, on the West siie of 
Delaware, and at the Head of Hangman's Creek, containing 200 
Acres as by Survey, Quit-Rent 2 Bushels. New-York Records, 
No. 3. Fol. 18. 

Same Bay. 

From the Records in Newcastle County. Twelve several 
Grants, from Governor Andros, dated in, and under the Seal 
of New- York, recorded at full Length, all granted by virtue of 
the Duke's Commission to him, and reserving the Quit-Rents 
to the Duke, viz. 1. To Peter Thomasson in Fee, of lands on 
the West side of Delaware River, and on White-clay Creek, 
being a Branch of Christianna Creek, above the Falls thereof, 
containing 220 Acres, Quit-Rent 2 Bushels. 2. To William 
Sharpe in Fee, of Land called Canaan, on the West side of 
Delaware Bay, and on the North side of Duck Creek, contain- 
ing 500 Acres as by Cantwell 's Survey, Quit- Rent 5 Bushels. 

3. To Walraven Johnson de Fox, and another in Fee, of Land 
on the West side of Delaware River, near the upper End of 
Bread and Cheese Island, and on the North side of White-clay 
Creek, containing 570 Acres as by Survey, Quit-Rent 5 Bushels. 

4. To John Nomers in Fee, of Land, on the West-side of Dela- 
ware River, on both sides of White clay Creek, being a 
Branch of Christiana Creek, containing 340 Acres as by 
Survey, Quit Rent 3 Bushels and a Peck. 5. To Edmund 
Cantwell in Fee, of Land on the West side of Delaware River, 
nigh the Head of Apoquiminick Creek, containing 800 Acres, 
400 of which was granted to William Smiler, and by him for- 
feited to his Majesty, by the late Governor Lovelace granted to 
the said Cantwell, and the other 400 laid out for the said Cant- 
well, Quit-Rent reserved to the Duke 8 Bushels. 6. To Cas- 



BOUNDARY QUESTION. 299 

parus Hariuan in Fee of Land, called Good Neighbourhood, 
on the West side of Delaware River, and on the North-east 
side of St. Augustine's Creek, containing 330 Acres, as by Sur- 
vey, Quit-Rent 3 Bushels. 7. To Edmund Cantwell in Pee, of 
Land on West side of Delaware Bay in Apoquiniminick Creek, 
beginning from the Green Hook to Sassafrax-Kill, containing 
900 Acres, which had on 17 June 1671, been granted by Gov- 
ernor Lovelace to Lucas Abell and others, and since purchased 
by Cantwell, Quit-Rent 9 Bushels. 8. To John Mall in Fee, of 
a Lot in Newcastle Town, Quit-Rent 1 Bushel. 9. To Robert 
Tallent in Fee of Land called Poplar-Hill, on the West side 
of Delaware Bay, and on North side of Hangman's Creek, con- 
taining 200 Acres as by Survey, Quit-Rent 2 Bushels. 10. To 
John Street in Fee, of Land called the Chops, on the West side 
of Delaware Bay, on the Head of Hangman's Creek, contain- 
ing 200 Acres as by Survey, Quit-Rent 2 Bushels. 11. To John 
Barker in Fee, of Land called Calton, on the West side of Dela- 
ware River, and on the North side of Blackbirds Creek, con- 
taining 220 Acres as by Survey. Quit-Rent 2 Bushels. And 12. 
To Samuel Land in Fee, of a Lot in the Town of Newcastle in 
Delaware River, in Warmoes Street, bounded upon the Min- 
quaes Street, Quit-Rent 1 Bushel. Records from Newcastle 
County, No. 11. Foliis 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40. 
Note — As the 12 foregoing Grants are taken only from New- 
castle Records (tho' long before Mr. Penn had any thing 
to do with that Country) so it may be necessary to men- 
tion, that we have short Entries of seven of these Grants 
from New York Records also, viz. The first of the last- 
mentioned 12 Grants is in New-York Records, No 3. Fol. 
27; and the second, in the same Book ,Fol. 22; the third 
is in the same Book, Fol. 31 ; the fourth is in the same 
Book, Fol. 30; the sixth is in the same Book, Fol, 60; 
i the eleventh is in the same Book, Fol. 61; and the 
twelfth is in the same New York Book of Records, No. 3. 
Fol .31. 

Same Day. 

From the Records in Kent County, Two more Grants, from 
Governor Andros, dated in, and under the Seal, of New York, 
recorded at full Length, and both granted by Virtue of the 
Duke's Commission to him, and reserving the Quit Rents to 
the Duke, viz. 1. To Thomas Williams in Fee of Land on the 
West Side of Delaware Bay, and on North-west side of Beaucom 
Briggs Creek, containing 200 Acres as by Survey, Quit Rent 2 
Bushels. 2. To William Simson, of Land on the West side of 
Delaware Bay, and on the North side of Little -Creek, contain- 



300 PENNSYLVANIA AND MARYLAND 

ing 400 Acres, as by Cantwell's Survey, Quit-Rent 4 Bushels. 
Records from Kent County, No. 14. Fol. 4 & 5. 

Note — The last of these Grants is also entered in . New- 
York Records, No. 3. Fol. 23. 

1676. March 25. 

From the Records in Sussex County, one more Grant, from 
Governor Andros, dated in, and under the Seal of New York, 
recorded at full Length, granted by Virtue of the Duke's Coin- 
mission to him, unto Abraham Clement, and another in Fee. 
of Land, upon the Whorekill, near Delaware Bay, by Pot- 
ters Creek, and Pagans Creek, containing 600 Acres, as by 
Cantwell's Survey. Quit Rent, six Bushels reserved to the 
Duke. Records from Sussex County, No. 17. Fol. 6. 

May 25. 

Governor Andros' Order, dated in New York, being an In- 
junction granted' by him, upon a Petition in Equity presented 
to him ; to stay Execution, upon a Judgment obtained at Law, 
in the Courts at Newcastle, by William Tom against Hendrick 
Janson. The Governor orders, that, on Janson's giving Se- 
curity to make good his Complaint, Execution be suspended, 
and that all the Proceedings, Writings, and Proofs, be trans- 
mitted to New York, for a final Determination in Equity. 
New York Records, No. 1. Fol. 87. 

June 23. 

Grant from Governor Andros in New York, to William 
Stevens, of Land called York, on the West Side of Delaware 
Bay. above Little Creek, containing 600 Acres, as by Cantwell's 
Survey. Quit Rent, six Bushels. New York Records, No. 3. 
Fol. 19. 

June 24. 

Two more Grants from Governor Andros, 1. To Edward 
Southeran, of Land called St. Giles's, on the West Side of 
Delaware Bay, West from the Whorekill, about a Mile from 
Pagans Creek, containing 196 Acres, as by Survey. Quit Rent, 
two Bushels. 2. To William Arundel, of Land on the West 
Side of Delaware Bay, about three Miles South West from the 
Whorekills, in the Woods, containing 304 Acres, as by Sur- 
vey. Quit Rent, three Bushels. New York Records, No. 3. 
Fol. 29. 

Note — The first of those two last Grants is entered, at full 
Length, in the Records from Sussex County, No. 17. Fol. 7. 

June 30. 

Govei-nor Andros' s Grant to Edward Bodell, of Land on the 
West Side of Delaware Bay, in the Woods, South South East 



BOUNDARY QUESTION. 301 

from the Whorekill, about three Miles, near to Green Branch, 
containing 300 Acres of Land, as by Survey. Quit Rent, three 
Bushels. New York Records, No. 3. Fol. 29. 

July 15. 

Governor Andros's Grant to Juhn Moll, for Land called the 
Exchange, on the West Side of Delaware River, between it, 
and the great Dragon Swamp, laid out for 1000 Acres, 600 
whereof were formerly granted by Patent to William Currer. 
and another, whose Right Moll is invested with, and the other 
400 are new Land. Quit Rent, 10 Bushels. New York Records, 
No. 1. Fol. 88. 

July 26. 

Prom New York Records, Minutes of the Governor and 
Council, signed by Governor Andros, on the Petitions of Lau- 
rence Caroli of Delaware, to the Governor, one concerning a 
Mare, the other concerning selling strong Liquors to the In- 
dians, in both which Matters Caroli was cast at the Court of 
Newcastle, and appealed hither for Relief; Ordered, that the 
Petitions, Proceedings, Judgment of Court, and several Attesta- 
tions, delivered in here, be all transmitted to the Court at 
Newcastle, who are to return them back, with their Answer, 
to the Governor, and in the mean time, that Execution be stopt. 
Upon the Petition o fPeter Gronendyke of the Whorekill, com- 
plaining of wrong done him by the Court at the Whorekill, 
in a Suit between him and Smith for some Tobacco, where the 
Petitioner was cast, and the President of the Court, and six of 
seven of the Jury, acknowledged their Proceedings erroneous, 
and desired their Verdict might be annulled, and yet the Presi- 
dent gave out afterwards Execution against the Petitioner; it 
is ordered, on the Petitioner's giving Security, that the Presi- 
dent of the Court, some of the Jury, and the Prosecutor, shall 
all make their personal Appearance at the next General Court 
of Assize, to be held in this City, in October next, to answer 
in this Behalf. Another Petition of Helmanus Wiltbank, re- 
ferred to the Court at Whorekill to take Order in, with all 
just Favour to the Petitioner according to Law, and make 
Report to the Governor. New York Records, No. 1. Fol. 88. 

July 28. 

Minutes of the Governor and Council, from New York Records, 
Resolution to write to Captain Cantwell at Delaware, to en- 
deavour to make up a Contest which the Susquehanno Indians 
had with Maryland, and to acquaint the Governor of Maryland 
thereof. Also, upon a Petition of the Widow of Hans Block 
of Newcastle, that of late the Commons or Woods have been 



302 PENNSYLVANIA AND MARYLAND 

enclosed by a Fence towards her Land, so that she is debarred 
of the Liberty she many Years heretofore bad, of commoning 
her Cattie, ordered, that there shall be a convenient Out-drift 
for her Cattle. New York Records, No. 1. Fol. 89. 

Aug. 10. 

The Governor's Pass, dated in New York, for John Turcoat, 
a Frenchman belonging to this Government, with four or five 
of his Countrymen, to pass towards Delaware River, or Bay, 
and the South Parts thereabouts, being intended to hunt that 
way, and to retui-n again. New York Records, No. 1. Fol. 89. 

Aug. 11. 

From the New York Records, Minutes of Council to check 
Captain Cantwell fur raising so rash an Alarm there, but 
nevertheless to enquire the Meaning of the Susquehannos com- 
ing in. New York Records, No. 1. Fol. 89. 

Sept. 15. 

From the New York Records, Minutes of Council, on a Com- 
plaint made by Captain Hans Jurienson, that Captain Edmund 
Cantwell abused and struck him in his own House; upon Ex- 
amination and Hearing of both Parties, ordered, that Captain 
Cantwell shall pay 200 Guilders Fine to the King, and both 
Parties to lay by all Animosities for the future, but it does not 
clearly express where this Assault was. - New York Records, 
No. 1. Fol. 90. 

Same Day. 

A Grant from Governor Andros to Walter Dickinson, of two 
Parcels of Land, each of 400 Acres, on the West Side of Dela- 
ware Bay, and on the North East Side of St. Jones Creek, 
being about a Mile from Murder Creek, or above Murder Creek. 
Quit Rent, eight Bushels. New York Records, No. it Fol. 90. 

Sept. 23. 

Three several Commissions, granted by Governor Andros, all 
dated in New York. 1. To Captain John Collier, to ba Sub- 
collector of all his Majesty's Customs of Newcastle in Delaware, 
and Receiver of the Quit Rents, or other his Royal Highness's 
Revenue there, together with the River and Bay, wherein he 
is to act pursuant to Law, and his Royal Highness's Orders 
for this Government, and to observe such Directions as shall 
be received from Governor Andros. 2. In his Majesty's Name 
appointing six Persons to be Justices of the Peace in the Juris- 
diction of Delaware River, and Dependencies, any three of 
them to be a Court of Judicature, for one Year. 3. And in his 
Majesty's Name appointing six Persons to be Justices of Peace 
in the Jurisdiction of Newcastle, and Dependencies, any three 



BOUNDARY QUESTION. 303 

of them to be a Court of Judicature, for one Year. New York 
Records, No. 1. Fol. 91. 

Same Day. 

Two more Commissions from Governor Andros, dated in New 
York. 1. Whereby he, in Virtue of the Duke's Authority, ap- 
points Ephraim Hermans to be Clerk of the Court of Newcastle 
in Delaware, and also of the Court of Upland in the River. 2. 
He also, in Virtue of the Duke's Authority, appoints Captain 
John Collier to be Commander in Delaware River and Bay, to 
take Care that the Militia, in the several Plaees, be well armed, 
duly exercised, and kept in good Discipline, and the Officers 
and Soldiers are required to obey you as their Commander, and 
you are to observe such Orders as you shall receive from me, 
according to the Rules and Discipline of War. New York 
Records, No. 1. Fol. 92. 

Note — This last Commission to Captain Collier is recorded 
in Records from Newcastle County, No. 11. Fol. 41. And the 
former to Hermans is recorded in Newcastle Records, No. 11. 
Fol. 42. 

Same Day. 

Governor Andros's Instructions to Captain John Collier, 
dated in New York, to go to Maryland, either from the Whore- 
kill, or from Delaware, about making up a Difference which 
Maryland had with the Susquehannah Indians; then to return 
to Newcastle. Instruction 4. To prevent all Interlopers, or ir- 
regular Traders, contrary to Law, and the Privileges, and In- 
habitants of this City and Newcastle. Instruction 5. To keep 
due Accounts of all Things belonging to the Customs, as also 
of all other publick Revenues in the River and Bay, and return 
an Account thereof every three Months. New York Records, No. 
1. Fol. 92. 

Sept. 25. 

Governor Andros's Letter to the Deputy Governor of Mary- 
land, advising him to a Friendship with the Susquehanno In- 
dians. New York Records, No. 1. Fol. 93. 

Same Day. 

Governor Andros's special Warrant against Major Fenwick, 
dated in New York, but directed to Captain Edmund Cantwell, 
Sheriff of Delaware, to execute; recites, that Major John Fen- 
wick, now living at the East Side of Delaware River, pretends 
to be Proprietor of that Side, [viz. in New Jersey] and has 
acted accordingly, granting Lands, dispossessing Persons, 
selling their Lands, arrogating Power of Judicature, and 
giving out Licences for distilling, contrary to the Order settled 



304 PENNSYLVANIA AND MARYLAND 

in the River, whereby he has inveigled some Persons from other 
Parts, and distracts the Minds of the Inhabitants throughout 
the whole River and Bay. not having any lawful Power or 
Authority ; you are therefore to repair over the River to the 
said Fenwick, and all other Places on that Side, to inform 
yourself of the Truth of the said Particulars, and to forewarn 
any such of the Danger and Premunire they incur; and, if 
Fenwick has so acted, you are to summon him, in his Majesty's 
Name, to appear, without Delay, to answer the same before 
me, and my Council, in this Place, at his utmost Peril ; and, 
in case of Opposition all his Majesty's Subjects are required to 
aid and assist you/ New York Records, No. 1. Fol. 93. 

Sept. 25. 

Governor Andros's Instructions given to the Justices at New- 
castle, dated in New- York; They recite that, last Year, upon 
his being at Delaware, the Inhabitants represented that his 
Predecessor Governor Lovelace began to make a Regulation for 
the due Administration of Justice, according to the Laws of 
this Government ; pursuant whereto the present Governor ap- 
pointed some Magistrates, and made some Rules for their Pro- 
ceedings the Year ensuing, or till further Order; now, by the 
Advice of his Council, he makes some Alteration, and they are 
to remain and be in Force in Form following. 1. That the 
Book of Laws, established by the Duke, and practised in New- 
York, and Dependence's, be in Force and Practice in this River 
and Precincts; except the Militia, now ordered to remain in 
the King, and except such as don't relate to that River, &c. 
2. That there be three Courts held, in the several Parts of the 
River, as formerly, viz. One in Newcastle, one above,at Uplands, 
and another below at the Whorekills. 3. The Courts to consist 
of the Justice, three to be a Quorum, and to have Power of a 
Court of Sessions, and decide all Matters under 20Z. without Ap- 
peal ; above 20/. and for Crime, extending to Life, Limb or Ban- 
ishment, to admit Appeal to the Court of Assize. 4. All small 
Matters, under 51. may be determined by the Court, without a 
Jury, as also all Matters of Equity. 5. The Court for Newcastle 
to be held Monthly, those for Uplands and the Whorekill quar- 
terly, and he names the fixed Days they are to be held on. 6. The 
Courts may make By-Laws, not repugnant to the Laws of the 
Government, to be good for a Year, they giving an Account 
thereof to the Governor by first Opportunity. 7. The Courts to 
regulate the Court and Officers Fees, but not to exceed the Rates 
in the Book of Laws. 8. To be a High-Sheriff for the Town of 
Newcastle, River and Bay, and he to make an Undei'sheriff, to be 
approved by the Court, and the Sheriff is to act in the Execution 



BOUNDARY QUESTION. 305 

of the Laws, but not as a Justice of Peace or Magistrate. 9. That 
there be fitting Books provided for the Records, all judicial 
Proceedings to be fairly entered therein, as also publick Orders 
from the Governors. 10. That each Court recommend to the 
Governor, for his Approbation, a fit Person for Clerk, in whose 
hands the Records are to be kept. 11. That all Writs, War- 
rants, and Proceedings at Law, shall be in the King's Name, 
it having been practised in the Government ev*r since the first 
Writing of the Law-Book, and it being the Duke's special 
Pleasure and Order. 12. No Rates to be imposed, or Levies 
made, within the Town of Newcastle, River or Bay, without 
the Governor's Approbation, and all Accounts of Receipts and 
Disbursements on Rates, to be sent to the Governor for his 
Allowance, until which, not to be a sufficient Discharge; Any 
Person desiring Land may apply to the Court, in whose Bounds 
it is, who are to sit Monthly, or oftner, which Certificate shall 
be a sufficient Warrant to the Surveyor to survey it and the 
Certificate and Surveyor's Return to be sent to New- York, for 
the Governor's Approbation. Newcastle Records, No. 11. Fol. 
42. 

Note — The above is called Instructions, but is, in effect, some- 
thing like a Charter. 

Sept. 27. 

The Governor's Dedimus, dated in New-York, authorising 
Captain John Collier and Captain Edmund Cantwell, to give 
the Oaths to the new Magistrates at Newcastle, and up the 
River at Delaware, and also at the Whorekill. Newcastle 
Records, No. 11. Fol. 42. 

Oct. 10. 

An Entry in Newcastle Records that this Day the new Jus- 
tices, and Clerk, were sworn and establish'd in their Places by 
Captains Collier and Cantwell, and the several new Commis- 
sions granted by the Governor to Captain Collier, as also to 
the Justices, with their Instructions, and the Commission to 
the Clerk being openly read, it was ordered that the same should 
be recorded; and accordingly they all immediately follow that 
Entry. Newcastle Records, No. 11. Fol. 42. 

Oct. 26. 

Two several Commissions, under Governor Andros's Hand 
and Seal, dated in New- York. 1. In his Majesty's Name ap 
pointing five Persons, viz. Helmanus Wiltbank, Edward South- 
erne, Alexander Molestien, John King, and Paul Mash, Justices 
of the Peace at the Whoi'ekill and Dependencys, and any thi'ee 
to be a Court of Judicature. To continue one Year, or till 
20— Vol. XV. 



306 PENNSYLVANIA AND MARYLAND 

further Order. 2. By vertue of the King's Letters Patent, and 
the Commission to the Governor given by the Duke, The Gov- 
ernor appoints John Avery to be Captain of the Foot Company 
of the Militia at the Whorekill ; with a short Entry that the like 
[Commissions] were given to a Lieutenant, 

and to John Roads Ensign. New-York Records, No. 1. Fol. 94. 

Nov. 8. 

The whole Bench of Justices at Newcastle wrote a Letter to 
the Governor, praying him to send them (as he had promised) 
the Duke's Law-Book, corrected of all such Laws and Orders 
as did not concern that River; complaining that some of those 
who belonged to the Company of Militia of that Town lived 
three or four Miles distant, and it was inconvenient to them to 
do Watch in the Fort ; and as this is a Frontier Place, it will be 
to the Ease of the People, and Reputation of the Province, to 
have a small Number of Soldiers kept, as in the time of the 
Governor's Predecessors r or several would rather incline to pay 
them than watch themselves : They pray the Governor to give 
them a lesser Seal for the Office : They have no Prison, desii-e 
the Governor's Order to erect one, and to appoint what Allow- 
ance Prisoners shall have, and by whom to be paid ; The last 
Court made an Order to allow 40 Guilders for every Wolf's- 
Head, to be levied from the Publick, they desire the Governor's 
Approbation thereof. They desire the Governor's Order to iiri- 
power them to a raise a Levy for defraying of small publick 
Charges; They desire the Governor's Order, that Fines imposed 
by the Court may henceforth, be converted for the publick 
Charges, in repairing the Fort, building a Prison, &c. Chiefly, 
they tell the Governor, that in case Sloops and Vessels be, 
henceforth, permitted to go up and down the River, trading 
with the People, and getting all the ready and best Pay, as 
they now do, this Place will, in short time, be deserted and 
come to nothing, which, then, will make this River as bad as 
Maryland ; wherefore, they entreat the Governor to prohibit 
the going up of all Vessels, as it was in his Predecessors time; 
and that this may be the only Place of Lading, Unloading, 
and keeping of Stores for all Merchants ; and pray the Governor 
to order a publick Weigh-house and Store-house to be erected. 
Newcastle Records, No. 11. Fol. 44. 

Nov. 20. 

From the New-York Records, Minutes of the Governor and 
Council; several Letters about Major John Fenwick s Actings 
in New-Jersey, on the East-side of Delaware River, by his 
granting Patents, refusing to obey the Governor's special War 
rant, &c. , being read ; and it importing the King's Service and 



BOUNDARY QUESTION. 307 

the Good and Quiet of the Inhabitants of those Parts, Resolved 
that he be sent for, and, if there be occasion, that the Com* 
mander and Magistrates at Delaware do use Force for seizing 
and sending him hither ; and as to one Jaquet, who has been 
dispossest of Land on the East-side of Delaware River by Major 
Fenwick, that the Court do repossess him thereof and if neeu 
be the Commander to assist them. New -York Records, No. i. 
Fol. 95. 

Nov. 23. 

Governor Andros's Letter dated from New-York, and directed 
for the Commander and Court at Newcastle, in answer to theirs 
of the 8th Instant before stated, wherein he, having taken the Ad- 
vice of his Councils, sends them Orders to seize Major Fenwick, 
and to repossess Jaquet as above, and then answers their own De- 
sires, by telling them he will send them one of the Duke's Law- 
Books, that the Inhabitants of the Town of Newcastle, and 
within a Mile thereof, are to keep Watch, but none to be obliged 
to come to it further : The Proposal about Soldiers to be 
further considered ; Care will be taken for a publick Seal against 
next Year; You may cause a Prison to be built in the Fort; 
For Allowance to Prisoners, you are to be directed by the 
Law-Book; I confirm the Order about killing Wolves, for the 
present Year; I grant the Fines to the Court, for this Year, and 
the two past Years, for publick Uses, and the Sheriff and Re- 
ceivers to pay the same, and the Court is to send the Governor 
an Account how tney are disposed of : The Sheriff is to have 5s. 
in the Pound for collecting the same and other Charges; 
towards the further defraying of publick Charges, in the Town 
of Newcastle, as also up the River, and in the Bay, a Levy al- 
lowed to be made of a Penny in the Pound upon every Man's 
Estate, to be taxed by indifferent Persons to be appointed by 
the Court, but an Account to be given hither to the Governor ; 
The former Orders to be duely observed, as heretofore, and 
care to be taken that no Vessels go up the River above New- 
castle to trade; a Weigh-house is allowed in the Town of New- 
castle, for the which you are, then, to appoint an Officer, to 
be sworn thereto. Newcastle Records, No. 11. Fol. 46. 

1676. Dec. 8. 

From Newcastle Records, The Orders of the Court at New- 
castle, consisting of the Commander and Justices ; The Com- 
mander informing them that he had sent to and been with 
Major Fenwick, over at his own House, who refused to 
obey the Governor's special Warrant, and stood upon his De- 
fence, saying, the Governor of New York had nothing to do 
with him, and he would obey nothing, but what should come 



308 PENNSYLVANIA AND MARYLAND 

from the King, or the Duke, and threatened any one to take 
him ; the Court comes to a Resolution that Force be used, and 
that Fenwick be taken, and sent to York to the Governor. 
Newcastle Records, No. 11. Fol. 48. 

Same Day. 

And accordingly by a Warrant of the same Day, dated at 
Newcastle in Delaware, and signed by Captain Collier and the 
Justices, as the Commander, and Court at Newcastle in Dela- 
ware, they appoint 3 Persons, of which one was the Under - 
Sheriff, to levy 12 Soldiers out of any the Militia of this River, 
and repair to Fenwick's House, and to bring him by Force 
before us to this Town of Newcastle, and to pull down, break, 
burn or destroy the House for the apprehending of him ; and 
in case of Resistance to fire upon him, or his, and if Fenwick 
or others resisting shall be killed, you are hereby discharged 
and field innocent, as being done in pursuance of the Duke's 
Lieutenant's Orders, and of us, by the Governor's Order re- 
commended. Newcastle Records, No. 11. Fol. 49. 

Decemb. 16. 

From the New York Records. Governor Andros's Warrant, 
signed in New York, directed to the Sheriff of New York, com- 
manding to take into his Custody, and safely keep, in order to 
a legal Trial, John Fenwick, sent a Prisoner hither from Dela- 
ware, for presuming to act as a Proprietor and Supreme Magis- 
trate, without any, and even refractory to, lawful Authority. 
New York Records, No. 1. Fol. 93. 

Jan. 2. 

At a Court held at Newcastle before the Commander and 
Justices, Four several Families petitioned for Warrants, to 
take up 250 Acres of Land for each Family, their Petitions are 
granted, provided they settle according to the Governor's 
Orders, and the there following Warrants were given to each 
of the said Persons, directed to Captain Canitwell the Surveyor, 
to survey, for each Family 250 Acres on the West side of Dela- 
ware River or Bay, within the Limits of that Court, and to 
make returns of the said Surveys to the Court, for to be sent 
to New York, in order that Patents niay be had. Newcastle 
Records, No. 11, Fol. 50. 

Feb. 8. 

The Court at Newcastle write a letter to Governor Andros 
at New York, making request of many further Powers ; They 
tell him, Order is given for erecting a Weigh-house and Prison : 
as to the Watching, by those who live within a mile of the 
Town, they say that some of those at Swanwick will fall 



BOUNDARY QUESTION. 309 

within the Mile, and must come, when their next door neigh- 
bors, without the Mile, will be excused, which will breed Dis- 
content, therefore desire the Governor's further Order therein; 
As to the Levy of the Penny per Pound which your Honour al- 
allowed, the People live so distant, and their estates so inconsid- 
erable, that we can find no way to discover the Value or if discov- 
ered, to make it valuable to receive ; but if your Honour would 
allow of a Poll-Levy, as in Virginia and Maryland, it will be 
easier made and received. Pray remember our former Petitions 
about Soldiers, the Law Book and Seal ; we send you a copy of 
the Pines; we desire your Order and Approbation about the 
following Particulars. 1. That you will impower the Com- 
mander Captain Collier, or the Court, to prove Wills, and 
grant Letters of Administration, with the Fees, for the Estates 
of most People in these Parts are so inconsiderable, that the 
Charge and Expence of going to your Honour at New York to 
obtain the same, is much to their Hindrance. Pray tbe Gov- 
ernor either to appoint a Vendue-Master in the River, or else 
to impower the Court to do it ; and that the Valley above the 
Town, which was late Captain John Carr's, and was given by 
the Governor to the Town for a Common, may be a stinted 
Common ; that an Order may be set forth in the River and Bay. 
forbidding all Persons to lend Vessels to any Stranger to go 
over to the East side of this River, or Servants, without a Ticket 
from the Magistrates, under a Penalty ; for if this Order be not 
made, you'll please to consider that when the Alteration of 
Government cometh on the other side, [Note, the Duke of Y'ork 
had, before this time, granted New Jersey, which was on the 
other side, to the Lords Proprietors] we shall not be able to 
keep any servants on this side ; and lastly to admit of a Gen- 
eral Court, or Meeting, of all the Justices, as heretofore, if 
but for making up the Levies, collecting of General Revenues, 
and other publick and general Affairs ; we are ready to obey 
your Honour's Orders, and to use all Endeavours for the Ad- 
vancement of the People over whom your Honour has put us, 
and are your most humble Subjects and Servants. Newcastle 
Records, No. 11. Fol. 51. 

1676. Same Day or Month. 

From the New York Records. Two Grants from Governor 
Andros, 1. To John Woodhus, of Land called Would have 
more, on West side of Delaware Bay, and on North side of 
Duck Creek in the middle Branch of the said Creek, contain- 
ing 400 Acres as by Survey, Quit-Rent 4 Bushels. 2. To Morris 
Lester of Land on West side of Delaware Bay, and on the 
North side of Duck Creek in the middle Branch of said Creek. 



810 PENNSYLVANIA AND MARYLAND 

next to Woodhus's, containing 400 Acres, Quit-Rent, four 
Bushels. New York Records, No. 3. Fol. 47. 

1677. Apr. 6. 

From the New York Records, Minutes of Council in these 
short Words only, Three Months Liberty given to any Sloop 
or Vessel to go up the River above Newcastle, to fetch old 
Debts. New York Records, No. 1. Fol. 96. 

Same Day. 

Governor Andros's Letter or Orders, signed by him at New 
York, and countersigned by Matthias Nicolls Secretary, in 
Answer to the Proposals from the Court at Newcastle of the 
8th of February last; None to watch or ward in the Town or 
Fort but such as live in or near the Town, unless on Alarms or 
extraordinary Occasions; Levys to be laid by the Poll as usu- 
ally; a Law-book shall be sent; the past and next Years Fines 
granted for publick Charges, so to lessen the Rate ; the several 
Courts may, at a Sessions, take Proofs and Security* and grant 
Administration of Wills, but, if above 201. to remit the same 
here to the Secretary's Office to be recorded : The Court to re- 
commend one for Vendu Master. The Fees to be 6 per Cent, 
besides the Cryer, and no other Charges; the Commons to be 
i"egulated by the Court, till further Order; all Persons in Dela- 
ware River, or Bay, leaving the Government, to set up their 
Names, where they live, and in Newcastle, and in this City, 
according to Custom, in Default thereof, any assisting their 
Departure, to be liable to the Penalty ; Liberty is granted for 
the Sloops, &c. , going up the River, as formerly, for this 
Year's Effects, or former Debts; five Guns, 30 Hoes, and one 
Anchor of Rum, the Remainder of the Pay for the Land at the 
Falls, to be forthwith paid the Indians; the Remaining Part 
of the Land, betwixt the old and new Purchase, as also the 
Islanu called Peter Alricks, or so much as is not already pur- 
chased, and the Indians will part with, to be bought of them ; 
for which Captain Israel Helm is to enquire for the Owners, 
and if they'll be reasonable to bring them to the Commander 
and Court at Newcastle for concluding a Bargain thereof. 
Newcastle Records, No. 11. Fol. 53. 
May 1. 

From New York Records, Minutes of Council, on a Letter 
from Newcastle about Mrs. Block's being debarred of her Out- 
drift for Cattle, Resolved a convenient Out-drift to be allowed 
according to Law, as by former Order of Council. New York 
Records, No. 1. Fol. 96. 
June 8. 

From Newcastle Records, at a Meeting of theOominander and 



BOUNDARY QUESTION. 311 

Justices there, they read in Court the Governor's Answer dated 
the 6th of April, and entered the same, and having deliberated 
thereon, writ an Answer thereto to the Governor ; As to 
Watch and Ward, they say none live near the Town but at 
Swanwike, and if they are exempted, most Part of the Town 
will fly thither; therefore intreat the Governor to furnish them 
with a small Number of Soldiers to watch the Fort; As the 
Governor has admitted of a Levy by the Poll, we find that 
cannot be laid without a General Meeting, or High Court, of 
all the Justices once a Year, we desire therefore, as we did 
before, that the Governor will take it into Consideration, and 
that such Meeting cr General Court may begin in September 
next; For Treasurer we appoint John Moll, and desire the Gov- 
ernor to nominate the Treasurer's Fees: Pray don't forget 
the Lawbook, there is great Occasion for the same; we thank 
the Governor for the gracious Act of granting the Fines for 
lessening the Levy, but it will be difficult to collect, unless the 
Governor sends Soldiers to assist the Sheriff in the execution 
thereof; As to Letters of Administration we'll follow the Gov- 
ernor's Instructions. We nominate Ephraim Herman for Vendu 
Master, but it would be convenient to raise the Sallary to above 
6 per Cent. As to Persons departing without a Pass, we shall 
endeavour to observe the Governor's Order; as to the Liberty 
for Sloops to go up the River, to receive former Debts, we 
suppose they will never be without that Pretence. Newcastle 
Records, No. 11. Fol. 54. 

June 23. 

From New York Records, An Order signed by the Governor 
at New-York, that Weights, &c. should be according tu former 
Custom and Practice, unless otherwise determined by Law 
published. New York Records, No. 1. Fol. 96. 

July 6. 

An Entry in the New York Records, that, upon an Order of 
Court at the Whorekill. in the Case of William Hamilton, 
concerning Weights, referred to the Governor, the there follow- 
ing, (but here foregoing) Order was made. New Y"ork Records, 
No. 1. Fol. 96. 
July 27. 

From New York Records, several Judicial Acts of the Counc*), 
Mrs. Block claims a Way for Out-drift of her Cattle, through 
a Piece of Ground near Newcastle in Delaware, now in Tenure 
of Cantwell and de Haes, for which he alledges Custom for 
above 10 Years; Hayes answers, whilst it lay unimproved an 
Out-drift was suffered, but it now being in Fence, desires to 
enjoy the Benefit of his Grant; and Mrs. Block having nothing 



312 PENNSYLVANIA AND MARYLAND 

to produce to shew her Right, Ordered that the Case be referred 
to be beard and determined at the next Court at Newcastle, 
reserving Liberty of Appeal according to Law ; Also in the Case 
between Walter Wharton and Edmund Cantwell, Ordered that 
Wharton give Security to make good his Allegation, and Cant- 
well to answer his Proceedings and produce his Authority. 
New York Records, No. 1. Fol. 96. . 

July 28. 

The Governor's Order signed in New York, upon Request of 
Hans Peterson, concerning several Judgments of the Courts of 
Newcastle and Upland in Delaware, in a Case between Peterson 
and Carolus about a Mare, the Jurys brought in several Ver- 
dicts, and the Court gave different Judgments, and it not ap- 
pearing by any Testimony what Mare was in Difference, I order 
that the Executions in the said Matter ba suspended, and a full 
Account of all said Proceeding, in botb Courts, be sent to me; 
and this Order is accordingly directed to the Courts of Newcastle 
and Upland, and all Officers in Delaware whom it may Concern. 
New York Records, No. 1. Fol 96. 

July 28, 

Governor Andros from New York, writes a Letter to Captain 
John Collier Commander at Delaware, that he finds the Com- 
mander goes to, and sits as Judge in Courts; orders him to 
forbear doing so, to act according to his known Authority, and 
in no Case to go to Court. New York Records, No. 1. Pol. 96. 

Aug. 13. 

From New York Records, four several Warrants signed by the 
Governor there, by Vertue ot Authority derived to him under 
the Duke, appointing 1. Captain Christopher Billop to be 
Sub-Collector Of the Customs of Delaware River, to observe the 
Acts of Trade, make Seisures, &c. and to observe such Orders 
as he shall receive from the Chief Collector, or principal Officers 
of the Customs here, and Superiors. Newcastle to be the only 
Port for all Entries and Clearings. 2. Ephraim Herman to be 
Clerk of the Permits, Entrys, and Clearings for all Duties of. 
Customs in Delaware River, and to receive the King's or Duke's 
thirds of any Forfeitures. 3. Requiring all Persons that have, 
or claim any Land in Delaware River and Bay, without Delay 
to make a due Return to the Clerk of the Court in whose Juris- 
diction it lies, and the said Courts to make a Return of the 
whole to the Governor, that those wanting Grants or Patents, 
may have them dispatched and sent; this to be published in 
the several Courts, which are to take care therein, and the Sur- 
veyor also to take Notice and see it be observed. 4. Appoint- 



BOUNDARY QUESTION. 313 

ing Ephraim Herman Receiver of the Quit-Rents in Delaware 
River, in the Jurisdiction of Newcastle, and Upland Courts, and 
to keep exact Accounts, to be sent here by the 1st of May, made 
up to 25 March before. New York Records, No. 1. Fol. 97. 

Aug. 13. 

Three of the above Warrants and Oi-ders, viz. for Herman to 
be Clerk of the Permits, for Herman to be Receiver of the Quit- 
Rents, and for Persons to come in for Patents for their Lands, 
are also entered in. Records trom Newcastle, No. 11. Fol. 56. 

Aug. 13-14. 

Two more Warrants for Commissions from the Governor of 
New York, by the first he appoints a new Commfnder, viz. Cap- 
tain Christopher Billop to be Commander in Delaware River 
and Bay, to take care that the Militia, in the several Places, 
be well armed, duely exercised and kept in good Discipline. 
By the 2d he appoints Walter Wharton to be Surveyor of Lands 
in Delaware Bay and River, and appoints what Fees he shall 
take. New York Records, No. 1. Fol. 98. 

Aug. 14. 

The Commission to Captain Billop to be Commander is also 
in Newcastle Records, No. 11. Fol. 55. 

Aug. 14. 

And the Commission to Wharton to be Surveyor is in New- 
castle Records, No. 11. Fol. 60. and— Kent Records, No. 14. 
Fol. 6. 

Aug. 14. 

Another Order from the Governor dated in New York, upon 
a Complaint which had been made to him, not to hinder the 
Owners of a Mill, standing- on a Creek, in Christiana Kill, in 
Delaware River, but that they shall have free Liberty, to cut 
Wood for Reparation of said Kill, upon any Land, not in Fence, 
according to Law. New York Records, No. 1. Fol. 98. 

Same Bap. 

Governor Andros writes a Letter to the Justices of the Court 
at Newcastle, acquainting them of the Change of the Comman- 
der, and the other Officers which hethe Governor had appointed, 
and will fill up their Court at the usual Time next Month, 
and then send them the Law-Book. As to penal Bonds, or 
such like Cases of Equity, you may judge thereof according to 
Equity ; finds no need of a General or High Court in the River ; 
directs them to take Care and fitting Orders for Ordinarys, that 
they be fit Persons, and duely licensed, and that none else be 
admitted to retail. New York Records, No. 1. Fol. 98. 






314 PENNSYLVANIA AND MARYLAND 

Same Day. 

That Letter, as entered also in Newcastle Records, No. 11. 
Fol. 57. 
Sept. 4. 

A Court held, before the Justices in the Court of Newcastle, 
when they read the several Commissions and Orders from the 
Governor of the 13th and 14th past, and entered then ; and as 
to his Order, that Persons should come in for their Patents, 
they call it a Standing Order, and make an Entry that it was 
published in Court, and that a true Copy thereof, in English 
and Dutch, was fixed up at the Fort Gate in Newcastle. 
Newcastle Records, No. 11. Fol. 55, 56. 

Sept. 5. 

From the Newcastle Records, au Order made upon the Peti- 
tion of John Edmunds to have a Patent for 800 Acres of Land, 
formely granted him in 1673, but not settled in time, by Reason 
of the Dutch coining in, but he afterwards set down upon them 
again, with Captain Cantwell's Leave, and has ever since been 
in Possession, but some other Persons afterwards surreptitiously 
got a Grant of it, who are since dead, without Heirs, and 
therefore prays a Re-suryey. The Court orders a Re-survey, 
and that the Petitioner do apply to the Governor to obtain a 
Patent, and to desire that the former Patent may be disannulled 
upon Record. Also the Court, according to the Governor's 
Order, appoint Ephraim Herman Vendu Master, and to receive 
the Fees by the Governor allowed. Also the Court appointed 
Walter Rowels Constable for one Year; his Limits or Bounds 
to be from the South side of St. George's Creek, to Boompties 
Hook, including Apoquemenen, Blackbird Creek, and all 
between the said St. George's and Boompties Hook aforesaid. 
Newcastle Records, No. 11. Fol. 58. 
1677. Sept. 6. 

John Moll (who appears at Fol. 55 to be the first named of 
the Justices ) signs a Warrant to Walter Rowles, Constable of 
Apoquenemen, to take a List of all the Tytables within his 
Bounds, and to bring it to the next Court to be held in New- 
castle. Newcastle Records, No. 11. Fol. 58. 
Sept, 23. 

Two more Commissions from Governor Andros dated in New- 
York; the first appointing seven Persons Justices of the Peace 
for the Jurisdiction of Newcastle and Dependencys, and three 
or more of 'em to be a Court of Judicature, for one Year, or 
till further Order; and the second authorising Captain Billop 
the Commander, to administer the Oaths to those Justices. 
New York Records, No. 1. Fol. 99. 



BOUNDARY QUESTION. 315 

The same Commissions entered in Newcastle Records, No. 11. 
Fol. 61. 

Sept. 29. 

From New York Records, A short Entry of a Grant from the 
Governor to John Stevens for 1200 Acres of Land, which had been 
certified by the Court at the Whorekill, in a Creek called Little 
Creek, near xmto St. John's Creek, lying on the West side of 
Delaware Bay, and on the North side of the said Creek, near 
Duck Creek, and bounded partly upon Land formerly laid out 
to him. New York Records, No. 3. Fol. 65. 

Same Day. 

From Newcastle Records, another Grant, at full length, from 
Governor Andros, dated at New York, unto Justa Andries, of 
a House and Lot of Ground at Newcastle in Delaware, near 
the Old Fort, late belonging to Captain John Carr, as by Pat- 
ent from the late Governor Lovelace of 1 May 1671, being con- 
demned by the Court at Newcastle and sold for Carr's Debts, 
reserving Quit-Rent to the Duke one Bushel. Newcastle 
Records, No. 11. Fol. 59. 

Oct. 2. 

A Court held before the Justices at the Court of Newcastle, 
where the Governor's Commission to Mr. Wharton to be Sur- 
veyor, dated 14 Aug. last was read and ordered to be recorded. 
Newcastle Records, No. 11. Fol. 60. 

Oct. 6. 

That Court seems to be continued, and the Dedimus to swear 
the new Justices, and the new Justices Commission, are entered, 
and the new Justices were sworn. Newcastle Records, No. 11. 
Fol. 61. 

Oct. 9. 

A Bill of Sale from Captain Christopher Billop, to his Brother 
Joseph Billop, in Fee, of an Estate in England, wherein Cap- 
tain Billop takes on himself this Title, viz. Commander in 
Delaware, belonging to the Colony of New York in America 
under his Royal Highness the Duke of York. With Governor 
Andros' s Certificate of the 25th of the same October, that the 
Persons Names who were set down as Witnesses to that Deed, 
were Magistrates or Officers in Newcastle in Delaware, Mr. 
John Moll being a Justice of the Peace, and Mr. Edmund 
Cantwell Sheriff there; And, a Note that that Deed, and some 
other Writings, were entred at the Request of Mrs. Mary 
Billop, on 26 Octob. 1677. Also Christopher Billop's Bond 
(wherein he takes the same Title) of 9 Oct. 1677, to his Brother 



316 PENNSYLVANIA AND MARYLAND 

Joseph Billop in 600Z. penalty, to perform the Covenants in 
the said Deed of Grift. Newcastle Records, No. 1. Fol. 101. 

Oct. 10. 

A Letter from Governor Andros at New York, to the Gov- 
ernor of Maryland, acquainting him that having receiv'd the 
Duke's leave to go home this Winter, so as to return in the 
Spring, he shall sail this Month, and hopes, and doubts not of 
the Continuance of his good Neighbourhood. New York Re- 
cords, No. 1. Fol. 99. 

Oct. 13. 

The Governor's three Letters, of the like Tenor, to the Judges 
or Magistrates of the Court at Newcastle on Delaware, to the 
Justices or Magistrates of the Court at Upland, and to those 
of the Whorekills, acquainting them of his going home; and 
he adds, any Appeals to be, to the Court of Assizes, which, or 
Extraordinaries, may be sent to the Secretary Captain Nicholls 
here, and, if occasion, to be communicated to the Council. 
New York Records, No. 1. Fol. 100. 

This Letter is also in Newcastle Records, No. 11. Fol. 62. 

The same Day. 

The Governor writes another Letter to Captain Billop, the 
Commander at Delaware, acquainting him also of his going 
home, to return next Spring, and recommends Care to him in 
his Stations, both as to the Militia and Customs, and sends 
him by the Sloop, a Supply of Musket Bullets. New York 
Records, No. 1. Fol. 100. 

Oct. 19. 

Governor Andros's Letter to Ephraim Herman, Clerk of the 
Customs at Delaware, wishes he could have had an exact Ac- 
count ol the Quit Rents of the River and Bay, before his going 
to England ; Draw out and deliver to the Commander, for the 
chief Collector, an Account of all Permits and Fees paid by 
two Ships, there named. New York Records, No. 1. Fol. 102. 

Nov. 10. 

Governor Andros's Commission, dated in, and under the Seal, 
of the Province of New York, wherein, by Virtue of the King's 
Letters Patent, and the Commission and Authority given to the 
Governor by the Duke, he the said Governor, in his Majesty's 
Name, appoints seven persons to be Justices of the Peace at the 
Whorekill, and the Dependence's, viz. Helmanus Wilbank, 
Henry Smith, Alexander Molesteyn, Edward Southeran, Paul 
Mash, John Barkstead, and John Roads, and any four, or more, 



BOUNDARY QUESTION. 317 

to be a Court of Judicature, To be in Force for one Year, or 
until further Order. New York Records, No. 1. Fol. 102. 

Now we have no more Acts of Governor Edmund Andros Esq. ; 
till he gets back to America next Year ; and then he comes 
back Sir Edmund Andros, Knight. We see he received the 
Government from the Dutch, but the last Day of October, 1674. 
and we have Entries, (in the New York Records) of many more 
Grants of Lands made by the Governor Edmund Andros, Esq ; 
but without any Dates to them ; they must of Necessity, there- 
fore, have been dated between October, 1674, and Nov. 1677, 
and so here they follow, in this Place, it not being our Fault 
that the Records, in the King's Province of New York, are no 
better entered up. 

Note — All these Lands that follow are expressly said to be 
on the West Side of Delaware River, or Bay, and are all con- 
tained in New York Records, No. 3. but the particular Folios 
of that Book are marked, against each single Grant. 

To Peter Dalboe, 300 Acres on the East Side of Schuilkill, 
Quit Rent, three Bushels. Fol. 32. 

To Laurentius Carolus, 350 Acres near Crum Kill, Quit Rent, 
three Bushels and an half. Fol. 25. 

To Charles Jansen and others, 1,000 Acres in Naaman's Creek, 
Quit Rent, 10 Bushels. Fol. 58. 

To Henry Barker, a Town Lot below the Fort at Newcastle. 
Fol. 54. 

To William Currer and another, 600 Acres in St. George's 
Neck, North Side of Dragons Swamp, Quit Rent, six Bushels. 
Fol. 51. 

To John Pitt, 500 Acres in St. George's Neck, Quit Rent, five 
Bushels, Fol. 52. 

To Evan Salisbury, 300 Acres in St. George's Neck, Quit Rent, 
three Bushels. Fol 49. 

To George Axton, 200 Acres South Side of St. George's Creek, 
Quit Rent, two Bmshels. Fol. 24. 

To William Grant, 400 Acres on South Side of main branch 
of St. George's Creek, Quit Rent, four Bushels. Fol. 24. 

To William Harriot, 100 Acres, on South Side of St. George's 
Creek, Quit Rent, one Bushel. Fol. 34. 

To Richard Scaggs, 300 Acres, on South East Side of South 
West Branch of St. George's Creek, Quit Rent, three Bushels. 
Fol. 31. 

To Abraham Enloes, 170 Acres on North Side of St. Augus- 
tine's Creek, Quit Rent, one Bushel and half. Fol. 59. 

To Peter Alricks, 560 Acres, on South East Side of St. Augus- 
tine's Creek, Quit Rent, five Bushels and half. Fol. 59. 

To Brian Omella, 200 Acres, on North Side of Drawyers Creek, 
Quit Rent, two Bushels. Fol. 48. 



318 PENNSYLVANIA AND MARYLAND 

To Ditto, 200 Acres, on South Side of Drawyers Creek, Quit 
Rent, two Bushels. Fol. 57. 

To Maurice Daniel, 190 Acres, on North West Side of Apo- 
quiniminick Creek, Quit Rent, two Bushels. Fol. 60. 

To Edward Swandall, 200 Acres, on North West Side of Black- 
bird Creek, Quit Rent, two Bushels. Fol. 50. 

To Robert Tallent, 200 Acres, on South East of Blackbird 
Creek, Quit Rent, two Bushels. Fol. 51. 

To Thomas Bromall, 300 Acres, on South East of Blackbird 
Creek, Quit Rent, three Bushels. Fol. 58. 

To Thomas Coks, 300 Acres, on South East of Blackbird 
Creek, Quit Rent, three Bushels. Fol. 56. 

To John Woodas, 400 Acres, on South East of Blackbird 
Creek, Quit Rent, four Bushels. Fol. 57. 

To William Ford, 800 Acres, on North Side of Duck Creek, 
Quit Rent, eight Bushels. Fol. 22. 

To John Denn, 200 Acres, on North Side of Duck Creek, Quit 
Rent, two Bushels. Fol. 27. 

To John Morgan, 300 Acres, on North Side of Duck Creek, 
Quit Rent, three Bushels. Fol. 22. 

To Francis Whitwell, 400 Acres, on North East Side of Duck 
Creek, Quit Rent, four Bushels. Fol. 48. 

To Stephen Durdene, 400 Acres, on North East Side of a 
Branch of Duck Creek, called Middle Branch, Quit Rent, four 
Bushels. Fol. 56. 

To Nicholas Bartlett, 400 Acres, on North East Side of Duck 
Creek, Quit Rent, four Bushels. Fol. 52. 

To Henry Bowen, 400 Acres, on South Side of Duck Creek, 
Quit Rent, four Bushels. Fol. 56. 

To Herbert Craft, 300 Acres, on South Side of Duck Creek, 
Quit Rent, three Bushels. Fol. 20. 

To Edward Man, 500 Acres, on South Side of Duck Creek, 
Quit Rent, Ave Bushels. Fol. 34. 

To Oliver Melington and another, 400 Acres, on South Side 
of Duck Creek, Quit Rent, four Bushels. Fol. 57. 

To Henry Palmer, 400 Aci'es, on South Side of Duck Creek, 
Quit Rent, four Bushels. Fol. 48. 

To Robert Dickes, 200 Acres, on North Side of a Branch above 
Little Creek, Quit Rent, two Bushels. FoL 21. 

To Peter Perry, 200 Acres, on North Side of a Branch of Little 
Creek, Quit Rent, two Bushels. Fol. 21. 

To William Willoughby, 200 Acres above Little Creek, Quit 
Rent, two Bushels. Fol. 23. 

To John Webb, 300 Acres, on South Side of Little Creek, 
Quit Rent, three Bushels. Fol. 23. 

To John Autrey, 300 Acres, in St. John's Creek. Fol. 68. 



BOUNDARY QUESTION. 319 

To Daniel "Whitley, 300 Acres, at the Head of St. John's Creek. 
Fol. 68. 

To Thomas Philips, 600 Acres, on North Side of St. Jones 
Creek, Quit Rent, six Bushels. Fol. 21. 

To Peter Bawcom, 200 Acres, on South Side of St. Jones 
Creek, near Murder Creek, Quit Rent, two Bushels. Fol. 28. 

To Robert Frances, 400 Acres, on South West Side of St. Jones 
Creek, Quit Rent, four Bushels. Fol. 21. 

To Frances Neales, 400 Acres, on South West Side of St. Jones 
Creek, Quit Rent, four Bushels. Fol. 8. 

To Henry Stevenson and another, 600 Acres, on North Side 
of Murder Creek, Quit Rent, six Bushels. Fol. 28. 

To James Peddy, 600 Acres, in Maspillin Creek, and on North 
Side of it. Fol. 41. 

To Thomas Davis Taylor, 500 Acres, East Side of Maspillin 
Creek. Fol. 42. 

To John Field, 300 Acres, in Maspillin Creek. Fol. 44. 

To Richard Hill, 1,000 Acres, on Mispillin Creek. Fol. 39. 

To Josias Cowdery, 700 Acres, on North Side of Cedar Creek. 
Fol. 65. 

To Robert Hart, 600 Acres, on North-Side of Cedar Creek, 
Quit Rent, six Bushels. Fol. 33. 

To Robert Hart Jun., 500 Acres, on Ce4ar Creek. Fol. 38. 

To Thomas Davis, 300 Acres, in Cedar Creek. Fol. 39. 

To Edward Forloung, 400 Acres, in Cedar Creek. Fol. 40. 

To John Otten, 300 Acres, in Cedar Creek. Fol. 40. 

To John Ashman and another, 300 Acres, on South Side of 
Cedar Creek, Quit Rent, three Bushels. Fol. 49. 

To Dittos, 400 Acres, on South Side of Cedar Creek, Quit Rent, 
four Bushels. Fol. 50. 

To Alexander Draper and another, 996 Acres, on South Side 
of Cedar Creek, Quit Rent, ten Bushels. Fol. 64. 

To John Deprey, 1,000 Acres, near Slaughter Creek. Fol 37. 

To James Lillie, 300 Acres, on a Branch of Slaughter Creek. 
Fol. 43. 

To Randal Revel, 900 Acres, on Slaughter Creek, near to the 
Whorekili, Quit Rent, five Bushels. Fol. 20. 

To William Prentis, 400 Acres, in the Woods, five Miles South 
West from the Whorekili Town. Fol. 42. 

To William True, 300 Acres, in the Woods, five Miles Distance, 
South West from the Whorekili. Fol. 45. 

Jacob Seth, 500 Acres, South West from the Whorekili Town, 
Distance about four Miles. Fol. 44. 

To Henry Smith, 3,000 Acres, called Prime Hook, near 
Slaughters Creek, by Prime Creek, Quit Rent, 30 Bushels. 
Fol. 20. 



320 PENNSYLVANIA AND MARYLAND 

To John Cornells, 300 Acres, in Marches Creek, to the North 
of the Whorekill Town. Fol. 36. 

To John Kirk, 800 Acres, in the Woods, South West from the 
Whorekill Town, about five Miles, and to a Branch prcoeed- 
ing from Rehobuth Bay. Fol. 42. 

To Daniel Brown, 400 Acres, upon Pagans Creek, near the 
Whorekill, Quit Rent, four Bushels. Fol. 46. 

To Hermanus Woolbank, 134 Acres, upon the Whorekill and 
Pagans Creek, Quit Rent, one Bushel and a Quarter. Fol. 55. 

To Edward Southeran, 400 Acres, on Pagans Creek, Quit Rent, 
four Bushels. Fol. 53. 

To John Kephaven, 69 Acres, near Pagans Creek, upon the 
Whorekill, Quit Rent, Half a Bushel. Fol. 55. 

To Alexander Molestedy, 611 Acres, upon the Whorekill, near 
Pagans Creek, Quit Rent, six Bushels. Fol. 46. 

To William Tom, 132 Acres, by Pagans Creek and the Whore- 
kill, Quit Rent, one Bushel and a Quarter. Fol. 54. 

To Ditto, 80 Acres, upon the Whorekill, near Pagans Creek, 
Quit Rent, three Pecks. Fol. 55. 

To Cornelius Verhoofe, 112 Acres, at Mouth of the Whore- 
kill Creek. Fol. 37. 

To Henry Stretcher, 600 Acres, upon the Whorekill, by Kick- 
out, Quit Rent, six Bushels. Fol. 32. 

To John Lining, 300 Acres, in the Woods, to the Eastward 
of the Whorekill Town. Fol. 40. 

To William Warren. 300 Acres, at Potoks Creek, on East Side 
of Whorekill Town. Fol. 38. 

To Abraham Clement, 400 Acres, on Gimbals Neck, in Mill 
Creek. Fol. 35. 

To Walter Lewis, 300 Acres in Cimbals Neck, on North Side 
of a Small Creek. Fol. 35. 

To Henry Stretcher, 400 Acres, in Cimbals Neck, joining to 
Mill Creek. Fol. 41. 

To John Allward, 400 Acres, on Cambals Neck, joining to 
Mill Creek. Fol. 41. 

To James Welles, 400 Acres, at Loues Creek. Fol. 43. 

To John Johnson, 400 Acres, on Rehobuth Bay upon Loues 
Creek. Fol. 45. 

To Robert Brasey, 800 Acres, in the Woods, near Rehobuth 
Bay. Fol. 39. 

To Robert Brasey jun. , 300 Acres upon Rehoboth Bay, Dis- 
tance from the Whorekill about ten Miles, bounded by Richard 
Brasey. Fol. 65. 

To Richard Brasey, 300 Acres, on Middle Creek. Fol. 35. 

To William Buston. 1.000 Acres, on South Side of Rehoboth 
Bay, and on North Side of the Great River, and by Middle 
Creek. Fol. 38. 



BOUNDARY QUESTION. 321 

To Henry Peddington 400 Acres, on Rehoboth Creek, Quit 
Rent, four Bushels. Fol. 53. 

To Hubert Francis. Land, in St. Johnsons Creek. Fol. 44. 

To John Collison, 300 Acres, on North Side of Great Creek, 
Quit Rent, three Bushels. Fol. 63. 

To Thomas Gilley and another, 450 Acres, on North Side of 
Great Creek, Quit Rent, four Bushels and Half. Fol. 64. 

To Charles Barnard, 300 Acres, on the Great Creek. Quit 
Rent, three Bushels. Fol. 63. 

To John Briggs, 400 Acres on South Side of Bawcom Briggs 
Creek. Quit Rent, four Bushels. Fol. 24. 

To William Froth, 200 Acres, on South West of Bawcom 
Briggs Creek, Quit Rent, two Bushels. Fol. 50. 

To Samuel Barbary, 200 Acres, on South Side of Bawcom 
Briggs Creek, Quit Rent, two Bushels. Fol. 46. 

To Cornlius Verhoofe, 1218 Acres, on North Side of Mispann 
Creek, by Indian Bridge Creek. Fol. 36. 

To Samuel Stills, 400 Acres, on North Side of Maspim Creek. 
Fol. 36. 

To Christopher Jackson, 300 Acres, on North Side of Mispann 
Creek. Fol. 45. , 

To Thomas Gadd, 300 Acres, on a Creek proceeding out of 
Mispann Creek, Quit Rent, three Bushels. Fol. 64. 

To Samuel Styles and another. 744 Acres, on North Side of 
Mispann Creek. Fol. 37. 

To Peter Cock, 650 Acres, on Quessinawominck Creek, Quit 
Rent, six Bushels and Half. Fol. 25. 

To Laurence Cock and others. 1600 Acres, at Cohock sinks 
Creek, Quit Rent, 16 Bushels. Fol. 26. 

To Michael Fredericks, 300 Acres, at Sissowokisink Creek, 
Quit Rent, three Bushels. Fol. 61. 

To Errick Mullock and others, 950 Acres, at Sissowokisink 
Creek, Quit Rent, nine Bushels and Half. Fol. 27. 

To Sanders Molestin, 50 Acres, on Back of his own Land. 
Fol. 43. 

To Francis Walker and another, 450 Acres, on the lower Side 
of Nishambanack Creek, Quit Rent, four Bushels and a Half. 
Fol. 62. 

To Peter Peterson and another, 500 Acres, on lower Side of 
Pimmecpihkahs Creek, Quit Rent, five Bushels. Fol. 26. 

All the 108 foregoing Grants are shortly entered in the New 
York Records No. 3. at the Folios before respectively mentioned. 

1677, Jan. 1. 

From the Newcastle Records, A Court being held at New- 
castle, Captain Billop, the new Commander there, delivers 
21— Vol. XV. 



322 PENNSYLVANIA AND MARYLAND 

them a Letter at the Fort belonging- to that Town, being for 
the publick Service, ought to be repaired by the Inhabitants 
within that Jurisdiction, and not out of his Royal Highness's 
Revenues, and desires they'll take care to raise Moneys to re- 
pair it, and that this his Letter and their Answer to it may 
be recorded. Newcastle Records, No. 11. Fol. 62. 

Jan. 2. ' 

The Court read that Letter, "and gave for Answer, that when 
the Sheriff brought in his Account of Recaits at Lady-Day, 
and the Debts already due on the publick Account should be 
first paid, the Court is willing what should be left should be 
so employed. Newcastle Records, No. 11. Fol. 62. 

Jan. 3. 

Five Petitions presented to the Court, who grant Liberty to 
four of the Petitioners to take up 200 Acres a-piece, and to the 
fifth to take up a Town Lot, they ssating, improving, and 
building, according to the Governor's Orders. Newcastle 
Records, No. 11. Fol. 63. 

March 7. 

An Indenture between Samuel Styles, and Robert Trayley, 
of the Whorekills, Planters of the Province of New York, of 
the one Part; and John Shackerley, and Raynier Williams of 
New York, Merchants, of the other Part. Reciting, that the 
Duke of York, by his Grant under the Great Seal of the Province 
of New York, dated 29 Sept. 1677, did grant unto the said Styles 
and Trayley, a Parcel of Land on the West Side of Delaware 
Bay, called Styles's Delight, on the North Side of a Creek, 
called Muspalling Creek, containing 744 Acres; now they, for 
valuable Consideration, convey the same to Shackerley and 
Williams, in Fee, To hold, under his Royal Highness, for the 

Rents and Services in the original Deed receited mentioned 

to be sealed and delivered in the Presence ot the open Court, 
and acknowledged at the Court held for the Whorekills, on the 
12th of the same: this Deed is said to have been recorded at the 
Request of Johannes Kypp ; and that the original Deed was 
brought to St. Jones's Court, being a called Court, held for 
Johannes Kypp and Raynier WiHiams, Plaintiffs, and Cornelius 
Verhoofe, Defendant, on 23 April, 1681, confirming [I suppose 
they meant concerning] said Land. Kent County Records, No. 
14. Fol. 15, 16. 

1678, May 22. 

From the Newcastle Records. A copy of Minutes of a Council 
held in New York, ordering an Express to be sent to the Com- 
mander and Justices of Newcastle in Delaware to notify to 



BOUNDARY QUESTION. 323 

Major Fen wick, not lb assume the Powers he did, on the East 
Side of the River, he having therein broke his Parole, and if 
he refuses, the said Commander and Justices are to order him 
to go to New York, and if he denies that, then the said Com- 
mander and Magistrates, together with the Sheriff, are to use 
Force to seize his Person, and send him to New York. New- 
castle Records, No. 11. Fol. 64. 

June 3. 

An Entry in the Newcastle Records, that in pursuance of the 
said Order of Council, the Justices from Newcastle writ the 
there following Letter to Major Fenwick, at New Salem, ac- 
quainting him what order they had received from the Council 
of New York, and that he should forbear assuming any power on 
the East Side of Delaware, and to send them his Answer. New- 
castle Records, No. 11. Fol. 64. 

Same Day. 

An Entry in the Newcastle Records, of Major Fenwick's Let- 
ter sent back by Thomas Woolston, Under Sheriff, wherein he 
insists he has Authority to act, by Virtue of the King's Letters 
Patent, and of the Duke's Grant to John Lord Berkley, and 
Sir George Carteret, and the Lord Berkley's Deed to the said 
Major Fenwick, all which had been before produced to the Gov- 
ernor and Council, at New York ; and that he is not obliged to 
go to New York, &c. Newcastle Records, No. 11. Fol. 64. 

June 5. 

Another Entry in the Newcastle Records, of a Letter signed by 
the Justices there, and directed to Captain Matthias Nicholls, 
and the rest of the Council in New York, acquainting them 
with, and sending them the Letters between them and Fenwick 
informing, that Fenwick still acts ; and granted, but on the Sat- 
urday last, a special Warrant for the apprehending one Eldridge 
and declares, that no Man shall take him alive; no, not if the 
Governor himself came ; therefore, what you further resolve, if 
directed to us, we desire may be absolute and sufficient, for he 
won't be taken without Bloodshed. As to Mr. Toms, deceased, 
there was an Execution against his Body, but not against the 
Estate: But, if vour Honours think fit that the whole Estate, 
real and personal, be sold, we then desire a more positive and 
absolute Order, and it shall be readily performed by us. New- 
castle Records, No. 11. Fol. 65. 

June. 21. 

Another Entry of a Meeting (afterwards) of the Commander 
and Justices at Newcastle, at which Meeting they read and en- 
tered, an Answer, of this Date to the Justices from the Council 



324 PENNSYLVANIA AND" MARYLAND 

of New York, complaining that their letter of the 5th was very 
little satisfactory to the Council ; they say the Council's former 
Order about Fenwick was absolute and full, in case of his Re- 
fusal, so they shall not alter any thing therein, but leave the 
Justices to answer their Neglect to the Governor, who is dayly 
expected. Also a great deal about selling Captain Tom's Estate, 
to pay Debts; and that it's unreasonable Captain Delavall's 
Judgment should be excluded, because Mr. Tom had in his Will 
excluded it ; The execution against the Debtor's Body not being 
thought sufficient to debar the creditor where there was Effects. 
The Council admires at the court's so sudden giving Judg- 
ment against the Deceased's Estate for a Stranger, of Maryland, 
which may defeat others within the Government : Upon your 
Desire of more particular Orders, the Council think it conveni- 
ent that one of the Creditors should administer upon Tom's 
Estate, and that Captain Cantwell (who resigned any Interest 
for his Son, who was named Tom's Executor) is the fittest Per- 
son to have it ; who, upon giving Security to administer accord- 
ing toLaw, and returning a Certificate hereof, may have Letters 
of Administration from hence. Newcastle Records, No. 11. Fol. 
66. 

July 17. 

An Entry in Newcastle Records, that the Commander and 
Justices this Day met at Newcastle, and read the forementioned 
Letter, and then Captain Billop acquainted them that he had 
been last Week at Salem, and that then Fenwick was willing 
to answer the Councils Order at New-York, and that he will 
surrender himself at New-York; whereupon, it was resolved 
that, if Fenwick will give under his Hand, by a Letter to the 
Council, that he will not assume any Government on that side 
of the River, and that he will, within 20 Days, appear at New- 
York, then, he be left there: but, incase of Refusal, then, that 
the Commander and High Sheriff press and take with them so 
many of the Militia as they think fit, and with them seize Fen- 
wick, and send him to New-York, without Delay, according 
to the Order of the Council. Newcastle Records, No. 11. Fol. 
67. 

Same Day. 

A Letter from the Commander and Justices at Newcastle, 
to Major Fenwick at Salem, of the Purport of the foregoing 
Order. Newcastle Records, No. 11. Fol. 67. 

July 24. 

Another Entry in Newcastle Records of a Letter from the Court 
at Newcastle, directed to Captain Matthias Nicolles, and the 



BOUNDARY QUESTION. 325 

rest of the Council, at New-York, acquainting them what they 
had done as above, against Fenwick, and that, since, the Com- 
mander and Sheriff have fetched Fenwick to Newcastle, and 
the Commander intends to send him by Land. As to Tom's 
Estate, Captain Cantwell offers Security, and intends to go to 
New-York himself to take out Letters of Administration. As to 
the Judgment so suddenly given, those of Maryland make no 
difference, in the like cases, with us, but suppose there will be 
little left after Captain Delavall's Debt is paid. Newcastle 
Records, No. 11. Fol. 67. 

Aug. 4. 

From the Records in Kent County, A Grant at full Length from 
Sir Edmund Andros Knight, Lieutenant-Governor under the 
Duke of York, dated in, and sealed with the Seal of New-York, 
granting to John Briggs Land laid out by Warrant from 
the Court of Whorekills on West side of Delaware Bay, about 
two Miles above St. Jones Creek, bounded partly by Robert 
Jones, and Walter Wharton, containing 260 Acres as by the Sur- 
vey. Quit- Rent reserved to the Duke 2 Bushels and I. Kent 
County Records, No. 14. Fol. 7. 

Aug. 14. 

From NewYork Records, the Entries of Three Grants from 
Sir Edmund Andros of Lands laid out by Warrant from the 
Court at the Whorekill. 1. To Francis Whitwell on West side 
of Delaware Bay, and on North side of the Souther most Branch 
of Duck-Creek, containing 1000 Acres, Quit Rent 10 Bushels. 

2. The just -mentioned Grant to John Briggs, of Land on the 
West side of Delaware Bay, about two Miles above St. 
John's Creek, bounded partly by Robert Jones and Walter 
Wharton, containing 260 Acres, Quit Rent two Bushels and a 
Half. 8. To John Briggs and Mary Phillips joyntly; on North 
side of St. Jones's Creek, containing 450 acres of Land and 40 
Acres of Marsh, Quit Rent 5 Bushels. New- York Records, No. 

3. Fol. 66. 

Aug. 22. 

From the New-York Records, Minutes of the Council, Major 
Fenwick having been sent from West-Jersey, in the Governor's 
Absence about his late Disturbance there, and having had Copys 
of what was laid to his Charge, in the several Depositions 
tnken at Newcastle in Delaware against him, and now appear- 
ing before the Governor in Council, desiring Time to answer 
and to prepare Witnesses on his Part, alledging his Interest 
to be distinct from this Government, so not to be judged or con- ' 
eluded by it, therefore, prays an Appeal from the Judgment 



326 PENNSYLVANIA AND MARYLAND 

of the Court of Assizes to the King, in order whereto presses to 
have leave to go home about his Occasions, the same was not 
allowed, nor here dismist, but referr'd to the Judgment of the 
Court of Assizes given against him. New -York Records, No, 
1. Fol. 95. 

Sept. 6. 

From Newcastle Records, at a court which was afterwards held 
at Newcastle before all the Justices there is an Entry made, of a 
Receipt, of this Date, signed by John Moll and Peter Alricks, 
for 8 Iron Guns, 24 Musquets, Bandileers, Iron and Shott, 
Musquet Bullets, Powder, &c. received from Capt. Billop as 
belonging to the Fort (I suppose he had been then removed.) 
Newcastle Records, No. 11. Fol. 68. 

Oct. 8. 

From New-York Records, Governor Andros's Commission, 
dated in, and sealed with the Seal of New-York, appointing 
7 Persons, Justices of the Peacs at the Whorekill and Depen- 
dence's in Delaware Bay, viz. John Avery, Francis Whitwell, 
Alexander Molesteyn, John Kipshaven, Luke Watson, John 
Roads, and James Wells, and any four of them to be a Court of 
Judicature, to be in Force for one Year. New-York Records, 
No. 1. Fol. 103. 

Oct. 11. 

A Letter from Capt. Matthias Nicolls, dated from New-York, 
and said to be written by the Governor's Order. There was 
680 Acres laid out for Nathaniel Walker on 11 May 1677, situate 
upon the South-westermost Creek of Rehoboth Bay, it is the 
Governor's Order that he shall have the Land, after it has been 
certified by your Court that it's not already granted or possest; 
upon the Return whereof he may have a Patent for the same. 
There is a Piece of Land at the Whorekill possest between 
Nathaniel Walker and John Winder, for which there is a Pat- 
ent in the Name of Robert instead of John Winder, the which 
is to be rectifyed, the Land lyes by a Broad Creek, between the 
Kill and Prime Hook, containing in the Patent 1,000 Acres, and 
an Island lying, at the Bottom of the Land, of about 100 Acres, 
which was surveyed for Part of it: but Henry Stretcher having 
a Grant from the Court, for about 600 Acres, in no certain 
Place, has pitched upon this 100 Acres Island as Part, the same 
not being particularized in Winder's Patent; which, if enjoyed 
by Stretcher, will hurt Walker and Winder; it is the Gov- 
ernor's Pleasure that the said Island shall- belong to Winder's 
Patent, and Stretcher is to take up his Land in some other 
Place, altogether, as near as may be, and not by Parcel or 
Piece-meal. Sussex Records, No. 17. Fol. 8. 



BOUNDARY (QUESTION. 327 

1678. Oct. 12. 

From the New- York Records, Governor Andros signs a Writ- 
ing at New- York, certifying that Capt. Avery, who was one of 
the seven Justices of the Peace of the Court at Whorekill, had 
taken his Oath as such, and authorising him to administer the 
Oath to the others joyned with him. New-York Records, No. 
1. Fol. 103. 

Oct. 14. 

A very short Entry in the New-York Records, that there was 
a Commission for seven Persons there named as Justices of 
Newcastle in Delaware. New- York Records, No. 1. Fol. 103. 

Oct. 26. 

From the New- York Records, the following Order, signed by 
Governor Andros at New-Y r ork, viz. Whereas in 1675 I did, 
amongst other Regulations, remit the Quit Rents for the first 
three Years, of all New Lands to be taken up in Delaware Pre- 
cincts, which has proved inconvenient, by many taking up and 
not seating; I therefore repeal and recall the same, except for 
such as have seated and improved ; but all such as have taken 
up Land, and not seated and returned and made due Returns 
thereof, as by Law and Orders, sent last Year to be recorded, to 
forfeit the same, and the Land to be disposed of as vacant Land ; 
and all such as have improved and seated, but not made Re- 
turns, are required, within six Months, to return it to the 
Clerk of the Court within whose Jurisdiction it is, to be there 
recorded, and by the Court certified to the Secretary's Office 
here; and such as have not paid their Quit-Rents due, may 
come, within six Months as above, and account and pay the 
Arrears, to the now Receiver, from my first coming into the 
Country in 1674; and, for the future, all such as have or shall 
take up Land, are to pay their Quit-Rents from the taking up 
such Land, and yearly, at the Towns of Upland, Newcastle, 
and Whorekill, for the several Precincts, to their Perils; and 
such as shall take up and not improve Land, to forfeit the same 
according to Law. This Order to be forthwith publisht and 
set up at the Court-houses of Upland, Newcastle and Whore- 
kill, in Delaware. New- York Records, No. 1. Fol. 104. 

The same Order also entered in the Newcastle Records, No. 11. 
Fol. 70. and in Sussex Records, No. 17. Fol. 9. 
Oct. 26. 

From the New- York Records, Governor Andros's Letter dated 
in New-York, and sent to the Justices of Newcastle. Your De- 
sire of a Minister is allowed by the Law; a new Commission 
for Magistrates is herewith sent ; and also a Law-Book ; Capt. 
Carr's Land is allowed to be sold for the Creditors, and the 



328 PENNSYLVANIA AND MARYLAND 

Purchaser may have anew Patent for his Title; the Court have 
power to order Matters relating to the Surveyor, in every re- 
spect, according to Regulation and Law; the Book of Laws 
gives Directions for Weights and Measures, but ancient Custom 
may be lookt upon as Law ; the publick Weigh-house is to be 
gross Weights only; Payment for Wolves and other necessary 
Charges are to continue, on the East side, as formerly ; when 
the Accounts of publick Debts are stated, and allowed, Order 
shall bf taken for Payment as desired ; Houses and improved 
Lands are liable to pay Debts, as well as Moveables; where 
none administer the Court may appoint fit Persons, having 
due Regard to Widows; all Favour may be expected to Trade 
(so as the Acts of Parliament and Orders thereon be not in- 
fringed) with due Regard to the Custom-house here; the late 
Commander [Billop] is here, and to give an Account of his 
acting in your Parts; if any have been wronged by him, they 
shall have Right; also any publick Matter, which may further 
accrue, rectified, as soon as may be. New York Records, No. 11. 
Fol. 103. 
The same Letter entered in Newcastle Records, No. fl. Fol. 68. 

Same Day. 

There is a very material Entry, in the New-York Records, 
of a Commission granted by Governor Andros at New-York, 
appointing six Persons to be Overseers, select Men, or Commis- 
sioners, on the West-side of New-Jersey, on Delaware River, at 
Elsingburgh and Parts adjacent, for one Year, amongst the 
New-comers: and, if any Dispute arise amongst them and old 
Inhabitants of those Parts, then, Mr. Outhout, who has been 
an ancient Inhabitant there, and is now one of the Justices of 
Newcastle, to have notice, who is authorized, upon such Occa- 
sion, to be one of the Court, and, being there, is to preside; 
and you, or any four, to keep a Court as a Town or Corpora- 
tion, quarterly or oftener, to appoint Constables, and to allow 
fit Proportions of Land for present Improvement, the same 
being duly purchased, and to hear and determine all Matters, 
not extending to Life, Limb, or Member, or exceeding 51. 
Above which, to admit an Appeal to the Court of Justices at 
Newcastle. New-York Records, No. 1. Fol. 104. 

Oct. 28. 

From the New York Records, Governor Andros's Order, dated 
in New-York ; directed to the Justices of the Court of Newcastle, 
reciting that he had received several Complaints and Petitions, 
from divers Inhabitants of the East side of Delaware River, that 
they have been disturbed in the Possession of their Lands and 
Tenements by Major John Fenwick and others, I desire and 



BOUNDARY QUESTION. 329 

authorize you the Justices of the Court of Newcastle to take care 
that the said Inhabitants be not disturbed in their Possession, 
upon any Pretence whatsoever, by the said Fenwick or any 
others, and, if Occasion, to make me forthwith acquainted with 
the same. New-York Records, No. 1. Fol. 105. 

This same Order is also entered in Newcastle Records, No. 
11. Fol. 69. 

Nov. 1. 

From the Newcastle Records, Entry of the Court's Proceed- 
ings held this Day at Newcastle, wherein the Governor's Let- 
ter to them, before stated, of the 26th of October, is entered : 
then they go on and say, that Mr. Michael Baron, for himself 
and in behalf of the other old Inhabitants of the Eastern Shore, 
this Day brought and produced in Court a Warrant from Sir 
Edmund Andi*os Ofovernor, directed to this Court, being the 
last Order herein before stated, which Warrant they also record ; 
Then they go on and say, that the Governor's Order about 
Lands, herein before stated, was also this Day read in Court 
and fixed up at the Court-house, and, then, that Order is also 
entered ; and then they proceeded to make several Orders of 
their own ; the Petition of Hans Peterson, desiring to take up 
Lands in Schilpatts Creek, formerly improved, is referred to 
next Court day; another Petition of Do. to take up some Marsh 
before Joulsen's Island referred till next Court-day ; a Petition 
of Peter Alricks to take up 200 Acres in Apoquenemen, granted, 
he seating and improving according to the Governor's Regula- 
tions ; a Petition of John Walker, to take up 200 Acres granted 
on the same Conditions ; a Petition of Moses de Gann for a Lott 
in the Town of Newcastle granted ; and the like to John Boyer. 
Newcastle Records, No. 11. Fol. 70. 

Nov. 18. 

From the New-York Records, Governor Andros's Warrant, 
dated in New- York, and directed to Capt. Edmund Cant-well, 
Sheriff of Delaware, authorizing him to put Robert Stacey in 
Possession of Mattiniconk Island, in Delaware River, which 
the Governor had leased to Stacey for seven Years from the 1st 
of January then next, to enjoy the Benefit of his Lease. New- 
York Records, No. 1. Fol. 105. 

Same Day. 

Governor Andros's Order, signed and dated at New York, re- 
citing that some of the Land on the West side of Delaware 
River, below the late Purchase at the Falls, is as yet, unpur- 
chased of the Indian Proprietors, therefore, lie authorizes and ap- 
points Capt. Edmund Cantwell and Ephraim Harman, to agree 



330 PENNSYLVANIA AND MARYLAND 

for and buy of the Indian Proprietors, all that Tract, yet unpur- 
chased, on the Western Shore of Delaware Ri vei; between the 
late Purchase at the Falls and the former below, together with 
any Islands in the River, and to adjust Time, Place, Sum, and 
Species, for Payment, of which to give me present Notice, for 
my Approbation, whereupon Order shall be taken for the In- 
dians Satisfaction. New-York Records, No. 1. Fol. 105. 

Same Day. 

Governor Andros's further Order, dated at New York, requir- 
ing Capt. Cantwell and Ephraim Herman to send the Governor 
a particular Account of the Rate or Levy laid in Delaware the 
last Year towards defraying publick Charges in those parts what 
it was, how raised, what it amounted to, and how disposed of? 
And also the Copies of all Orders relating thereto, and a par- 
ticular Account of what Debts there are, yet remaining unpaid, 
since the late Change of Government, that due Care may be 
taken for their Satisfaction. New-Y r ork Records, No. 1. Fol. 
105. 

Nov. 30. 

An Order of the Governor and Council in New York, reciting 
that Henry Smith, of the Whorekill in Delaware Bay, had 
raised several Reports against some of the Magistrates and 
Officers belonging to the Court there, and having declared the 
same before the Governor, did afterwards, on the 8th of October 
past, deliver in a Paper, charging two of the said Justices 
and the Clerk of the said Court with several Crimes in general 
Terms, whereupon, he was committed to the Sheriff of the City 
of New York, till he should give 5007. Security to prosecute 
or make good his Charge against them according to Law, 
which he refusing, but pretending an Inquest in the County 
for it, the whole Matter having been debated in Council, the 
said Smith is adjudged to pay, as a Fine, to the Church or 
Poor here, 10Z. together with all incidental Charges; and that 
he be, likewise, bound in a Bond of 207. at the Whorekills, to 
be of the good Behaviour, till the next general Court of Assizes : 
and all Persons left to due Course of Law. New York Records, 
No. 1. Fol. 106. 

Note well— That we have, from the Records of New-York, 
the Commissions and special Warrants hereafter mentioned, 
which were granted by Governor Andros, in the selfsame Form 
and Manner, for Magistrates, Officers, and upon other Occasion^, 
to the City of New- York, and other Places, 1 which were meerly 
within the Body of the Province of New- York, viz. 

1674. Nov. 10. His Commission to the Mayor and Aldermen 
of the Citv of New- York. New-York Records, No. 1. Fol. 128. 



BOUNDARY Q.UESTION. 331 

1674. Feb. 25. His Commission to the Clerk of the Court in 
Long-Island. Fol. 129. 

1675. Sept. 6. His Commission to Justices of the Peace for 
Kingston. Fol. 129. 

1675. Feb. 9. His special Commission to try a Murther in 
Long-Island. Fol. 129. 

1676. May 13. His special Summons for the Constable of Hemp- 
sted to appear at New- York. Fol. 130. 

1676. July 1. His Commission to a Sheriff in Long Island. 
Fol. 130. 

1676. Oct. 14. His Commission appointing Mayor, Aldermen 
and Sheriff of the City of New- York. Fol. 131. 

1676. Dec. 1. His Warrant to take up stray Cattle in Long- 
Island. Fol. 132. 

1678. Sept. 6. His Commission to the Magistrates at Schanec- 
tady. Fol. 132. 

All which shew that he exercised exactly the same Authority 
in the Duke's Name, in no other manner, in the Body of the 
Province of New-York, than what he did, m so many Hundreds 
of Instances, in that Dependency, Delaware. 

Mar. 5. 

At a Court in Newcastle, held before the Justices and Sheriff, 
upon William Pierce's Petition to have a Re-survey, and Grant 
in his own Name, of two Tracts of Land containing 500 Acres 
on the West side of Delaware River and on North side of Duck 
Creek, heretofore granted by Patent from Governor Andros to 
Persons who have since deserted, his Petition is granted, he 
paying the former Quit-Rents and all other charges ; and upon 
John Cox's Petition of the Like Kind, for 200 Acres on the 
South side of St. George's Ci-eek, the like Order made by the 
Court. Newcastle Records, No. 11. Fol. 72. 

1679. Mar. 29. 

From the New York Records, Governor Andros's Order upon 
a Petition of Cornelius Jansen of the Whorekill, That Kilmanus 
AVooltbank put the Petitioner upon a Picee of Land in those 
Parts, for three Years, pretending that it was his; and at the 
End of the Term warned the Petitioner off, altho', as the Pe- 
titioner is informed, he has no Right thereto or Patent for the 
same; and therefore the Petitioner prays, since it is at his 
Royal Highness's Disposal, and having wrought so long upon 
it, that he shall enjoy it; the Magistrates at the Whorekill are 
to examine and make Report of the Matter, and if it be as al- 
ledgecl, the Petitioner to continue in Possession till further 
Order. New-York Records, No. 1. Fol. 107. 



332 PENNSYLVANIA AND MARYLAND 

Apr. 23. 

From the Newcastle Records, an Entry made of a Letter sent 
by the Justices of the Court to the Governor at New-York, ac- 
quainting him that one Wallis left a Chest of Goods well lockt, 
and put into the House of Hutchinson, and, coming to fetch 
it away, found it had been broke open and lockt up again, and 
many Goods taken out of it; after three strict Examinations 
Hutchinson has contest, before us, that he stole the said Things, 
and Search being made, there is found in Hutchinson's House 
most of the Things; Hutchinson has been five Days kept 
Prisoner in our Fort; we desire the Governor's Orders and Di- 
rections, after what manner we are further to proceed, which 
shall be strictly observed by us. Newcastle Records, No. 11. 
Fol. 73. 

May 4. 

From Newcastle Records, an Indian Deed of Sale, whereby 
Mechaecksitt, chief Sachem of Cohansink and sole Indian Owner 
and Proprietor of all that Tract of Land called by the Chris- 
tians Bompies Hoeck,and by the Indians Newsink, in considera- 
tion of a Gun and some other Matters, grants to Peter Bayard 
of New- York, all that Tract of Land called Bompies Hoeck, lying 
on the West side of Delaware River, and at the Mouth thereof, 
beginning at a great Pond and a little Creek issuing out of the 
said Pond, being the uppermost Bounds of the said Land, and 
stretching down along the said River to Duck Creek, includ- 
ing all the Land, Woods, Marshes, &c. , between the said upper- 
most Pond and Creek, and Duck Creek, to hold to Peter Bay- 
ard in Fee, to his own sole Use. Note, This Deed is witnessed 
by Ephraim Herman, Clerk, who Vas one of the two Persons 
that the Governor had ordered to purchase the Lands of the 
Natives, so that (by that Circumstance )it should seem to have 
.been purchased by Governor Andros's Order. Newcastle 
Records, No. 11. Fol. 75. 

May 19. 

From the New- York Records, the Entry of a Letter to the 
Magistrates of Newcastle, which is signed in New- York by 
Matthias Nicolls, and is there said to have been by the Gov- 
ernor's Order; says the Governor has received theirs of 23 April, 
about Hutchinson's Theft, By the Governor's Command I am 
to acquaint you this Fact could not reach Hutchinson's Life, 
by the Strictness of Law, if it were in England, and the Duke's 
Laws are much more favourable, as you'll see if you turn to the 
Capital Laws; he reasons about the Nature of this Crime, and 
its Punishment, but the Governor leaves the whole to your 
Court to judge and determine, and to put your Sentence in Exe- 



BOUNDARY QUESTION. 333 

cution. In the Case between Harwood and Vanderveere, con- 
cerning the Stone put in the Bag of Feathers, it's the Gov- 
ernor's Pleasure that there be no further Proceedings in your 
Court, his Honour has remitted the Fine, and a Stop is to be 
put to the levying the Charges, the whole Case being order'd 
to be heard, in this Place, before the Governor and Council in 
October next, when both Plaintiff and Defendant are to give 
their Attendance here. As to the Difference, before your Court, 
about the Pretence of Land between Vanderveere and Tenenian, 
the same is, also, to be remitted here, with all Papers or Pro- 
ceedings relating thereto, for a final Determination. Lauren- 
tius Carolis complains that an Execution against him has, for 
the greatest part, been levied by the Sheriff, and the Remainder 
called for, tho' he has Judgment for a greater Sum against the 
same Person Hans Paterson ; it's an old Difference about a Mare : 
The same is, also, to be respited, and his Excellency desires 
an Account how that Matter sttnds between them, whereupon 
a definitive Order will be given to determine the Matter in Dif- 
ference between them. Thus far I have in Charge from his 
Excellency the Governor to transfer to you. New- York Records, 
No. 1. Fol. 107. 

A Copy of the foregoing Letter is also in Newcastle Records, 
No. 11. Fol. 73. 
May 24. 

From the Newcastle Records, a Return, this Day made, by 
Edmund Cantwell, of his having, by virtue of a Warrant from 
the Court of Newcastle, which was dated the 8th of November 
last, laid out for Englebert Lott, two Lots of Ground at the 
North-east End of Newcastle Town, where the old Fort stood. 
Newcastle Records, No. 11. Fol. 71. 

May 31. 

An Order signed by Governor Andros, for Peter Gronendike 
at the Whorekill ; according to the Order and Judgment of 
the Court of Assizes, Cost of Suit, or Court-charges only, 
to be paid ; which being satisfied here, the Party is not to be 
molested by Henry Smith or any other, an account of any other 
Charges of said Suit. New York Records, No. 1. Fol. 108. 

1679, June 4. 

At a Court held in the Town of Newcastle before the Justices, 
they granted Liberty to seven Petitioners, Fabian Orme, Chris- 
topher Ellitt, John Daston, Elias Brown, Thomas Snelling, 
and Thomas Broscum, to take up 200 Acres each, and to Ben- 
amin Gumley 300 Acres, in all 1500 Acres of Land, within that 
Court's Jurisdiction, not before granted, taken up or improved 
by any other; they seating and improving according to the 



334 PENNSYLVANIA AND MARYLAND 

Governor's Orders and Regulations. Newcastle Records, No. 
11. Fol. 70. 

June 6. 

A Letter from New- York, signed by Matthias Nicolls, [who 
was Secretary] and writ, by the Governor's Order to the Magis- 
trates of the Whorekill, giving them an Account of the Answers 
given, upon several Requests which had been made to him by 
particular Persons of their Parts, and his Approbation of sev- 
eral Matters recommended to him by their Court, which had 
been (also) inserted or indorsed upon the Requests, or upon 
the Orders of their Court sent back to the Parties concerned. 
In the Matter between Woolbank and Johnson, concerning 
which the Court had certified their Report, the same was to 
be allowed by Order of the Governor, and to be confirmed to 
Woolbank. On Verhoof 's Petition to your Court to be allowed 
Clerk, and about Fees, which is certified to be granted by said 
Court, upon their Recommendation the Governor allows it, 
and Fees of extraordinary Courts to be ascertained. All Fees 
to be collected, as by Execution. Upon the Court's Choice and 
Recommendation of Verhoof to be Surveyor at the Whorekill, 
the Governor orders him to be confirmed. Upon Kipshaven's 
Petition to the Governor for a Piece of waste Land, the Governor 
has granted the same (if as alledged) and to be surveyed in 
order to a Patent. Upon Vine's Petition to the Governor to 
officiate as Sheriff at the Whorekill and Precincts, the Governor 
returned the following Answer. Upon Security and Court's 
Choice, allowed and confirmed. Upon Clark's Petition to the 
Governor, of the Uncertainty of Surveyors Fees, he orders the 
Price of Surveys be. at the Whorekill, &c. as in Virginia or 
Maryland. A Magistrate of the City of New York unadvisedly 
took an Oath of one Taylor, concerning Fees which he claimed 
for surveying at the Whorekill, the Magistrates of this City 
having nothing to do in any other Parts of the Government 
out of their Precincts, and the said Oath being taken contrary 
to Law, you are to take no Cognizance thereof, and by no means 
to admit it as a Proof or Evidence for Taylor. New York 
Records, No. 1. Fol. 109. 

June 10. 

From the New- York Records, the Governor's Letter, signed 
by him, and dated in New-York, directed for the Magistrates 
or Court of Newcastle, owning the Receit of theirs of the 4th 
Instant, which had exclaimed against him, as having im- 
properly remitted Vanderveere's Fine, in the Case between 
Harwood and him, which had been determined by their Court. 
And he orders, that their Clerk, or some other in their behalf, 



BOUNDARY QUESTION. 335 

and Harwood and Vanderveer, repair and attend at New- York 
for a Hearing of the Cases they mention, to satisfy themselves 
and others, and that, tho' it has not been lately, it is no wrong, 
if Re-hearings be from them, as well as other subordinate Courts, 
tho' for the meanest Subject. New-York Records, No. 1. Fol. 
110. 

July 2. 

From Newcastle Records. The Court there make and sign a 
Writing, impowering Mr. John Moll, Capt. Edmund Cant- 
well and the Clerk Ephraim Herman, to appear in behalf of 
the Court, before the Governor at New-York, as well in Defence 
of the Court, and the Orders and Sentences by them past, as 
also in all Humility to request Privileges, and to represent 
Grievances and desire that they may be removed, &c. Newcastle 
Records, No. 11. Fol. 77. 

July 8. 

Governor Andros's Commission, dated in New- York, appoint- 
ing Philip Pocock Surveyor to survey and lay out Tracts of 
Land below the Falls of Delaware River, on the West side, for 
several Persons lately come out of England and destitute of 
Land, to take such Fees as in Maryland, and to make due Re- 
turns of such Surveys for the Confirmation. New-York Records, 
No. 1. Fol. 110. 

Aug. 20. 

From New-York Records, the Entries of three Grants from 
Sir Edmund Andros, viz. 1, For Land laid out for Josiah 
Barkstead, by the Approbation of the Court at the Whoreki lis 
on the West-side of Delaware Bay, and on the South-east side 
of St. Jones Creek, containing 800 Acres as by Survey, Quit- 
Rent 8 Bushels. 2. For Lands in Delaware Bay, in ttie Woods, 
near unto Rehobah Bay, distant from the Whoreki lis about ten 
Miles, unto Francis Meggs and John Coiley, containing 600 
Acres, as by Survey, Quit Rent 6 Bushels. 3. For Land in Dela- 
ware Bay, and being upon Rehobah Bay, distant about eight 
Miles South from the Whorekills, which had been laid out by 
Approbation of the Court at the Whorekills for John Okey, 
arid bounded, partly by Timothy Love, containing 400 Acres, 
Quit Rent 4 Bushels. New York Records, No. 3. Fol. 67. 

Same Bay. 

Another Grant from him, to Andrew Deprie, for Land in 
Delawai-e Bay, near unto Rehobath Bay, on the Northside 
thereof, bounded, partly, by John Avery, containing 400 Acres, 
Quit-Rent 4 Bushels. New- York Records, No. 3. Fol. 68. 

Same Bay. 

Also two more Grants from him, 1. To Robert Hignat and 



336 PENNSYLVANIA AND MARYLAND 

John Orue, of Land already seated in Delaware Bay, near unto 
Kehobah Bay, about four Miles to the South of it, called West- 
chester, containing 1 900 Acres, Quit-Rent 9 Bushels.' 2. To 
Robert Bedwell, of Land on the West-side of Delaware Bay, 
and on South-East-side of St. Jones Creek, bounded by the 
Cypress Branch, and Chaptank Road, &c. containing 800 Acres, 
Quit Rent, 8 Bushels. New-York Records, No. 3. Fol. 69. 

Nov. 20. 

Four more Grants from Governor Andros, dated in New York. 
1. To Peter Teschermaker, for a Town Lot in the West End of 
Newcastle Town, Quit Rent, one Bushel. 2. To Matthias and 
Amilius de Ring, for another Town Lot at the West End of 
Newcastle Town. 3. To Hendrick Vanderburgh, for another 
Town Lot in Land Street in Newcastle Town, Quit Rent, one 
Bushel. 4. To Thomas Jacobson, and two others, of Land on 
the West Side of Delaware River, callad Red Clay Point, on the 
North, and North West Side of Bread and Cheese Island, and 
more than half compassed with a Branch of Christiana Creek, 
called Red Clay Creek, containing 248 Acres, Quit Rent, two 
Bushels and an Half. New York Records, No. 3. Fol. 70. 

I 
Same Day. 

Three more Grants from Governor Andros. 1. To Bryan 
Omella, tor some improved Land, on West Side of Delaware 
River, on North Side of Apoquimine Creek, in the Drawers 
Creek, containing 400 Acres, Quit Rent, four Bushels. 2. To 
Maurice Daniel, of Land on West SMe of Delaware Bay, on 
North West Side of Apoquemini Creek, containing 190 Acres, 
Quit Rent, two Bushels. 3. To John Moll, of three Town Lots 
in Newcastle Town, late Captain John Carr's, and since sold 
at publick Outcry, in Warmore Street, Harte Street, Land 
Street and Minquaes Street, Quit Rent, two Bushels. New_ York 
Records, No. 3. Fol. 71. 

Dec. 3. 

An Entry in the Newcastle Records, that Hendi-ick Williams 
petitioned the Court, shewing, that, according to this Court's 
Answer to his former Petition the third of April lakt, concerning 
his two Judgments, and Executions against the Estate of 
Walter Wharton, deceased, he had petitioned the Governor at 
New York, who gave for Answer, he thought it but Reason the 
Petitioner should be paid his Debt out of the Estate of Whar- 
ton ; wherefore the Petitioner prays an Order, with Preference, 
against Wharton's Estate, ordered, since the Governor is of 
Opinion he .ought to be paid, that he be paid, accordingly, 
out of Wharton's Estate; but no Preference to be allowed, 



BOUNDARY QUESTION. 337 

t 

unless —the Governor shall think fit so to order it. New- 
castle Records, No. It. Fol. 78. 

Feb. 4. 

An Entry of a Letter, from the Justices at Newcastle to the 
Governor with the Request of several Planters, Inhabi- 
tants of that County, who owed Quit Rents in Wheat, and 
were threatened by the Receiver, but had no Wheat to pay, 
only Tobacco ; praying, that that might be taken at a reason- 
able Price, to be set by the Governor, it being taken in the 
neighbouring Colonies at 2d. a Pound, otherwise, several must 
forfeit their Lands. They, likewise, desire to have a Rule, 
whether Arrears of Quit Rents, due for forfeited Lands, must 
be paid by the new Possessor, when new granted. Desire Di- 
rections about an old Man who had been employed to look after 
the Fort. Also, whether the Fort should be repaired, and how 
the Means for it should be found. A new Commission being 
coming from the Governor, and one of their Magistrates being 
going to England, they present the Names of two Persons, as 
fittest to be put in the Commission in his stead, if the Gov- 
ernor thinks fit. They desire the County may be enlarged up 
and downwards, as far as St. Jones's. Newcastle Records, No. 
11. Fol. 79. 

Mar. 2. 

An Entry, that one Randal presented a Petition to the Court, 
suggesting, that he bought 300 Acres of one Test in St. George's 
Creek, for which he paid the Quit Rent last Year, and is will 
ing to pay it this, but is informed the Court had escheated 
it for want of Settlement; and, as he had been a Prisoner in 
Turkey, desired to have the Land again ; upon examining the 
Case, the Court find the Land was thrice sold, but never any 
Improvement made, which is contrary to Law, and therefore 
escheated; and, since the Court cannot lawfully recall their 
former Grant and Order therein, to Rolf Andrews and another, 
they, therefore, refer the Petitioner to the Governor at New 
York, for his Order and Determination therein. Newcastle 
Records, No. 11. Fol. 81. 
1680, May 24. 

From New York Records, the Duke of Y'ork's Commission, 
dated at Windsor, authorising and appointing John Lewin, 
Gent, to be his Agent and Servant, in New York and Albany, 
and other the Duke's Lands and Territories in America; to 
proceed thither, and to enquire and find out all the Estate, 
Rent, Revenues, Profits, and Perquisites, which in any Sort did 
of Right belong, and appertain to the Duke, and arise in any 
22— Vol. XV. 



338 PENNSYLVANIA AND MARYLAND 

of those Places, and to examine ail Books, Papers., Records, 
and other Matters relating thereto; with Power to demand, 
from all the Duke's Officers and Servants, or any others em- 
ployed in any Place of Trust belonging to the Duke, all Books, 
Papers, Writings, Records, Registers, Accounts, and all other 
Things tending to the Discovery thereof ; and, in a more especial 
manner, to enquire and find out, whether the free Trade of any 
the Inhabitants of those Places, or any Merchants trading 
thither, now is, or has been, obstructed or hindered, and by 
what means, and how such Obstructions may be removed, and 
by what Methods the Trade and Traders in those Places may 
be encouraged and encreased ; if being the Duke's real Inten- 
tions and Desire to encourage and advance the Ease, Benefit, 
and Advantage of Trade, and the Merchants and Inhabitants 
thei-e; and for the better executing of this Trust, which the 
Duke reposes in him, he is to observe and follow such directions 
and Instrutions as he received with that Commission. New- 
York Records, No. 1. Fol. 112. 

Note — This Commission is likewise entered in the Records 
of every one of the Three Lower Counties, viz. in Newcastle 
Records, No. 11. Fol. 82. In Kent Records, No. 14. Fol. 8. 
And in Sussex Records, No. 17. Fol. 10. 

May 28. 

Entries in the New York Records, of four Commissions granted 
by Governor Andros, dated in, and sealed with the Seal of New 
York. 1. To five Persons to be Justices of the Peace, in the 
Jurisdiction of Newcastle, and the Dependencies, and three, or 
more of them, to be a Court of Judicature for one Year. 2. 
To five more Persons to be Justices of the Peace in the Juris- 
diction of Upland Court or County, in Delaware River and De- 
pendencies, (which is the first instance that we have of a Com- 
mission in this New County of Upland.) 3. To four more 
Persons to be Justices of the Peace, in the Jurisdiction of the 
County of St. Jones, in Delaware Bay and Dependencies; the 
same to begin from the South Side of Duck Creek, so to extend 
to the North Side of Cedar Creek. 4. To five more Persons 
viz. Luke Watson, John Roads, John Kipshaven, Otto Woolast, 
and William Clarke, to be Justices of the Peace, at the Whore- 
kill and Dependencies; the said Court to begin at the South 
Side of Cedar Creek, and so to go downwards. New York 
, Records, No. 1. Fol. 113. 

June 1. 

The Governor's Certificate and Dedimus, dated in New York, 
importing, that John Roads, one of the Justices of the Whore- 
kill Court, having taken his oath for the same, the Governor 



BOUNDARY QUESTION. 339 

authorised him to administer the Oaths to the other Magis- 
trates. Sussex Records, No. 17. Fol. 11. 

Same Day. 

The Governor's Order, dated in New York, reciting, that 
there was, heretofore, granted unto John Morgan, and John 
Denny, 300 Acres each, on the West Side of Delaware River, 
towards the Mouth thereof, near Duck Creek, which have 
never been improved, and the Persons are dead ; now, upon 
Application of Ephraim Herman, that he may have the said 
two Pieces, I heraby grant the same, to be confirmed to him by 
Patent, when the old Patents shall be delivered in. New York 
Records, No. 1. Fol. 113. 

Same Day. 

The Governor's other Order, alike to the former in all Re- 
spects, being in Favour of Lausa Cock, for 600 Acres on the 
West Side of Delaware River, and on the North Side of Duck 
Creek. New York Records, No. 1. Fol. 113. 

June 12. 

The Governor's Warrant, dated in New York, directed to 
Captain Edmund Cantwell, Sheriff of Newcastle on Delawai-e, 
requiring him to summon Jacob Young, to appear personally 
before the Governor, and his Council, to answer for presuming 
to treat with the Indians, within this Government, without 
any Authority, to the Disturbance thereof. New York Records, 
No. 1. Fol. 114. 

Same Day. 

Governor Andros's Commission, dated in New Jersey, au- 
thorising Ephraim Herman to be Surveyor for Newcastle, and 
Precincts, as also for St. Jones, and Dependencies, to lay out 
Land, as a Surveyor ought to do, in Places not taken up, ac- 
cording to such Warrants as you shall receive from myself, or, 
upon extraordinary Occasions, to fit Persons as shall apply 
for the same; of which, to make due Returns to the Secretary's 
Office at New York, according to Law. New York Records, 
No. 1. Fol. 114. 

This Commission is also entered, being there recorded by 
Order of Court, of 3 November following, in Newcastle Re- 
cords, No. 11. Fol. 85. 

J'line 17. 

A Special Court was held for the Whorekill, for the Estab- 
lishment of the new Justices, and they were there sworn by Mr. 
John Roads, 'whom the Governor had before qualified and au- 
thorised thereto. Sussex Records, No. 17. Fol. 11. 



340 PENNSYLVANIA AND MARYLAND 

July 10. 

An Original Indian Deed of Sale, (upon Half a Sheet of 
Paper) whereby K«noekere, Alom, Eliggene, Nogcotto, Towis, 
Wippaycan and Winappanegge, for themselves, and their Heirs, 
alienate, bargain, and sell, unto Mr. John Moll, of the Town of 
Newcastle upon Delaware River, in the Behalf of all the Inhabit- 
ants dwelling at Case and Broett Island, Red Clay Creek, and 
White Clay Creek, quite unto the Falls thereof, whieh are al- 
ready settled, and shall settle hereafter, upon any of the said 
Lands about Christianna Creek, as far as tlie Precincts of Mary- 
land, the Land called Musser Cripple, therein included ; to hold, 
free of the Claims of all Indians, and their Heirs; and that, for 
a valuable Consideration, in real Satisfaction, paid to the In- 
dians by the said John Moll, as well for his own proper account, 
as also for the proper Account of all the present, and all future 
Settlements, and Inhabitants, in all those Parts. Given under 
our customary Mark in Newcastle, 10 July, 1680. Pensilvania 
Exhibits, F. F. 

Note — John Moll, the Grantee, appears to have been one 
of the Justices -of Newcastle, as long as they had had any Com- 
missions from the Duke of York ; and generally, at the Head, or 
first, of the Commission ; and the above Deed appears to be 
witnessed by J. de Haes, who also appears to have been, very 
long, one of the Justices of Newcastle. 

Aug. 21. 

A Meeting of the Justices was held in Newcastle, when they 
writ a Letter to the Governor at New York, and sent it by Eph- 
raim Herman their Clerk, in relation to Captain Collier's Ac- 
count, (who seems to have had a Demand upon the Publick.) 
They tell the Governor there was never any other Tax, or publick 
Levy laid at Newcastle, than in 1G77, which was with his own 
Approbation, and on Account of the Wolves Heads; and at 
the same time were collected the Fines, whereof an Account 
was then also sent him. We have perused Captain Collier's 
Accounts, the Article therein for Wolves Heads the Sheriff will 
pay; as also for repairing the Dyke, the several Persons will 
pay; and for the rest of Captain Collier's Account, we know 
not which way it may be paid, having now, nor before, any Cash, 
or publick Store to pay the same. The 25 per Cent, charged 
by Captain Collier, for collecting the Wolf, the Dyke, and Fine 
Money, we desire the Governor to regulate, as he shall think 
just and equitable. Newcastle Records, No. 11. Fol. 83. 

1680, Aug. 26. 

From Kent Records, a Warrant signed by their Clerk, and 
directed to Cornelius Verhoof the Surveyor, that it was granted 



BOUNDARY QUESTION. 341 

to lay out for — Raynier Williams, and Johannes Kypp, the 
Quantity of 800 Acres of Land, in any Part of that County, or 
Precincts, not already granted, and to make return of the Cer- 
tificate of the Survey of the said Land into the Office in six 
Months, it being formerly granted from the Court. Kent 
Records, No. 14. Fol. 16. 

Sept 22. 

At a Court held before the Justices for the County of St. 
Jones's it being proved in Court, that Robert Willing had 
abused his Royal Highness's Justices of the Peace, by saying 
he wondered the Duke of York was such a Fool, as to make 
such inconsiderable Sons of Whores Justices, the Court con- 
demn him to pay 500 Pound of Tobacco to the Use of the Pub- 
lick, and to be bound over to the Peace for a Year and a Day, 
and pay the Costs. Kent Records, No. 14. Fol. 9. 

Oct 4. 

Two Warrants, or Orders, signed by Governor Andros, the 
one directed to the Magistrates of the Court of Newcastle, the 
other to the ^Magistrates of the Court of Upland in Dela- 
ware River; he says, that being informed of some Differences, 
in passing Captain Cantwell, the Sheriff of Delaware's Ac- 
counts, for collecting the Asessments, Amerciaments, and 
Fines, there is allowed to the petty Constable 12d to the high 
Constable 6d. and to the Sheriff 6d. in all, 2s. per Pound, ac- 
cording to the Directions in the Law, which he is to have ac- 
cordingly, and no more, notwithstanding any greater Latitude 
formerly given, upon Misinformation, contrary to Law. New 
York Records, No. 1. Fol. 118. 

Note — This last Order is also entered in Newcastle Records, 
No. 11. Fol. 84. 

Oct 4. 

Another Order sign'd by Governor Andros at New York, re- 
citing, that by the Accounts of Captain Cantwell, Sheriff of 
Delaware, there remains due to him for Disbursement, 59?. 16s. 
7d. i. the Governor orders Ephraim Herman, Collector of the 
Quit Rents at Delaware, to pay Cantwell that Sum, out of 
Arrears due for Quit Rents from Cantwell, and others in said 
River, particularly for two Parcels of Land of 800, and 900 Acres 
in Apoquinemen, formerly taken up, and patented, by Cant- 
well in the Year 1676. New York Records, No. 1. Fol. 118. 

Oct 5. 

From New York Records, the Entry of a most Solemn Court 
of General Assize, held in that City, which being opened, &c. , 
they prcoeeded to try the following Cause. John Stevens, Ap- 



342 PENNSYLVANIA AND MARYLAND 

pellant ; John Richardson, Defendant. An Appeal from a Ver- 
dict and Judgment given at the Court of the Whorekill, in 
Feb. 1679, for the Defendant, for Title of Land, called Willing- 
brook, first surveyed for, seated, and improved by the Defend- 
ant; upon full Hearing of Proceedings of said Court, and what 
could be alleged by both Parties, their Evidences and Proofs, 
the Court confirms the said Judgment, and that the Defendant 
have and enjoy all the Land he hath seated and improved, 
with the buildings thereon; the Appellant to pay Costs. New 
York Records, ^o. 1. Fol. 115. 

Oct. 6. 

Also, at the same Court of Assizes, the next Day. Peter 
Gronendike, Appellant; John Vines, Defendant. An Appeal, 
from a Verdict and Judgment obtained by the Defendant 
against the Appellant at a Court held at Deale. [this was 
formerly Whorekill, but now named Deale— as you'll see when 
you come to the 15th of December,] for the Town and County 
of Deale, the 15th of June last, on an action commenced by the 
Appellant against the Defendant, as Sheriff, for Refusal to give 
him Satisfaction for an Execution, by him levied on the Estate 
of John Avery, according to an Order of the Governor and Coun- 
cil, and neglecting to perform his Office and Duty therein, which 
the Defendant pleaded he had done according to Law; Proceed- 
ings of said Court, with several Depositions read, and Parties 
fully heard, and Matter debated. The Court give their Judg- 
ment, that the Defendant, as Sheriff, has fully performed his 
Office and Duty therein ; therefore, confirm the said Judgment 
given at Deale Court. The' Appellant to pay all Costs. New 
York Records, No. 1. Fol. 116. 

Also' Mr. John Moll, Justice of the Peace, and President of 
the Court at Newcastle, being called to answer an Indictment 
exhibited against him. by one Abraham Mann, for Words 
spoken in Court, and at other Times, to which Moll pleaded 
not guilty; and a Jury being impanelled and sworn, with sev- 
eral Evidences, they brought in their Verdict, and found him 
guilty of speaking the Words, in the first and second Articles, 
and of denying Execution, when demanded, mentioned in the 
4th Article, and for the rest, not guilty. Which the Court 
taking into Considei-ation, do adjudge the said Indictment to 
be illegal and vexatious, and that Moll, by what found against 
him, is not guilty of any Crime, or Breach of any known Law, 
therefore, acquit Moll from the same, and order Mann to pay 
the Costs of Court. Mann moved for an Appeal for England, 
which is granted, he giving sufficient Security to the Value of 
1,0007. to prosecute the same, and pay Damage to the Party, if 
cast. New York Records, No. 1. Fol. 117. 



BOUNDARY QUESTION. 343 

Oct. 11. 

The Governor's Warrant, to lay out Lands at Delaware, 
dated at New York, reciting, that John Richardson having 
obtained, at the Court of Assizes, a Judgment lor the Land 
he had seated and improved, and having a considerable Number 
of Hands, therefore to lay him out 1200 Acres thereto adjoining. 
Also to lay out to John Stevens 1200 Acres of Land adjoining, 
and to make Returns of the Surveys, in order to Confirmation, 
according to Law. New York Records, No. 1. Fol. 118. 

Nov. 13. 

Copy of Minutes of the Governor and Council at New York 
of this Date, entered in the Sussex Records, purporting to have 
been made upon an Application of the Magistrates and Court 
of the Whorekill, signifying the Necessity and Want of a Court 
house, Prison, Stocks and Whipping-post, for the Publick Ser- 
vice, and desiring to be impowered to rate the Inhabitants there 
to pay for the same. Granted for the Prison and Stocks, for 
which they are to make an equal Rate according to Law. 
Sussex Records, No. 17. Fol. 10. 

Nov. 15. 

From the New York Records, a Letter from Governor Andros 
in New York to the Magistrates and Court at the Whorekill, 
and St. Jones, with an Entry that the like Letter was sent to 
the several Magistrates and Courts in their respective Precincts 

throughout the Government Telling them that he had 

received Orders, and was going for England ; upon which he 
had sent, and ordered a General Court or Meeting of the Justi- 
ces, to be at New York the 17th Instant, excusing them by 
reason of the Distance and Season of the Year; also that he 
designed to leave Captain Brockholes his Lieutenant, as last 
time; likewise that Mr. John Lewin, a Gentleman sent by the 
Duke, was arrived, authorised to inspect the Revenue, as by 
his Commission, of which the Governor sends them a Copy. 
New York Records, No. 1. Fol. 119. 

Note — a Copy of thi-s Letter is also entered in Sussex 
Records, No. 17. Fol. 13. and another Copy of the like Letter, 
only dated the 23d of December, is entered in Newcastle Records, 
No. 11. Fol. 86. 

Nov. 17. 

From the Records in Kent County, Entry of the Acts of 
Court held before the Justices for St. Jones's County, upon 
the several Petitions of the after-named Persons, the Court 
grants to them, separately, Liberty to take up, within the Limits 
and Precincts of their Court : Then they name 16 Persons, and 



344 PENNSYLVANIA AND MARYLAND 

the Quantity of Land, for them all, amounted to 9500 Acres; 
And the Court makes an Order, that all Persons taking up 
Lands, in Default of Settlement and Improvement within one 
Year after the Date of the Survey, shall forfeit their Interest 
in the same. Kent Records, No. 14. Fol. 10. 

Dec. 15. 

An Act of the Court, entered in the Sussex Records, for that 
the Governor of New-York has made an Alteration of the Name 
of this Town and County, and instead of theWhorekill to be 
from henceforth called by the Name of Deal; The Court orders 
and decrees that it bes^ called from this Day. Sussex Records, 
No. 17. Fol. 14. 

Dec. 21. 

From the Records in Kent County, Entry of the Acts of 
Court held before the Commissioners for St. Jones's County; 
whereby, on the Petitions of sundry Persons, the Court grants 
to each of them Liberty to take up, within the Limits and 
Precincts of that Court, the Quantities of Land there specified, 
naming 33 Persons, and the whole Quantity amounts to 18,663 
Acres. And on the Petition of Verhoof, that by an Order of 
the Whorekill Court of the 11th of February last, he was to 
have his Land surveyed again; but since that the Governor 
was pleased to divide St. Jones from Whorekill County, and 
the Survey not being accomplished before the Division, he pravs 
this Court to order a Confirmation of the Order of the Whore- 
kill Court; and accordingly the Court does confirm it, and 
the Petitioner is to have his Lands surveyed. Likewise a Let- 
ter of Attorney from Nicholas Bartlet of St. Jones's County 
in the Province of New York, to his Wife, was this Day ac- 
knowledged in open Court and entered. Kent Records, No. 14. 
Fol. 11, 12. 

Dec. 30. 

A Grant from Governor Andros, to Peter Gronendike, for 
Land on West Side of Delaware Bay, and on North Side of 
Murder-Creek, containing 413 Acres, Quit-Rent 4 Bushels. 
New York Records. No. 1. Fol. 114. 

Jan. 1. 

From Sussex Records Entry of Acts of Court held before the 
Commissioners relating to the Court house, Stocks, Prison, 
&c. which the Governor of New York ordered to be built for 
the Service of the said Country. And, upon the Complaint of 
Parret the Indian Schackamaker, alledging, that Henry Bow- 
man and others takes his Land, and gives him no Satisfaction 
for it, the Court orders that every Person that seats any Land, 



( 



BOUNDARY QUESTION. 345 

shall pay the Indian Proprietor; for 600 Awes or under, one 
Match-coat; and, if above 600 Acres, two Match-coats; and, at 
the time of the Indians's receiving the Coats, he is to convey 
the Land to the Person he receives the Coats of ; and if any 
Person refuses to pay the Indians for the Land as aforesaid, Exe- 
cution to be given out for the same, directed to the Sheriff, 
to execute and pay to the Indian. After which (at Fol. 16) 
follow several other Acts or Orders, that several Certificates, 
which Cornelius Verhoofe this Day presented to the Court 
to be signed and allowed by the Court, be certified, except two 
that have taken in other Persons Lands. And two Entries 
that Parret the Indian Shackamaker acknowledged in open 
Court, that he had sold, unto Henry Bowman, the Indian 
Right of 1000 Acres and 700 Acres between Slaughter-Branch 
and Cedar- Creek. Sussex Records, No. 17. Fol. 14. and Fol. 16. 

Jan. 31. 

Upon the Kent Records, a Letter from Ephraim Herman to 
(some) Gentlemen, complaining that several of the People refuse 
to pass their Bills for the Payment of the Surveyors Fees estab- 
lished by the Governor; and more, he admires that, as he hears, 
Clerks Fees are to paid in Tobacco at 121, 6d. per. Hundred; It 
seems (says he) as if his Royal Highness's Laws were slighted or 
contradicted; and, for any to make Laws, or By-laws, without 
the Governor, or Court of Assizes Law and Approbation, is 
a Contempt of Authority, and I suppose it will be found so. 
Sirs, The Law expressly says that all Fees shall be paid in Silver, 
Beaver, Wampum, or Wheat ; one of which I may, not only by 
Law, but also by the Governor's distinct Order, insist on ; 
but, because the Country does not plentifully afford the same, 
I am willing to take the Produce of the Country, which is Pork, 
at a reasonable Rate, and should be ready to take Tobacco, if 
it was like to be worth any thing. If I am denied what the 
Law and Reasons allows, I shall desist for a while, and make 
the Case known to the Governor or his Deputy ; I pray, Sirs, 
you would right me, where I am wronged, it being your Places 
so to do ; I hope to be with you and attend at March Court 
next. 

Mar. 4. 

Matters having passed in America as herein before stated, it 
was upon this Day that King Charles the Second granted, by 
Charter, the Province of Pensilvania to Mr. Penn : That was 
not a sudden unadvised Act, but went through, for nine Months 
before, a very serious Examination on the Part of the Crown ; 
and not only so, but the Duke of York, and the Lord Balti- 
more's Agents, were, from time to time, consulted thereon. I 



346 PENNSYLVANIA AND MARYLAND 

would not so servilely adhere to the Regularity of giving every 
Paper according to its Date, as to intermix the Papers which, 
on this Occasion, past in England, for nine Months now past, 
along with those Papers of the ordinary Occurrences in America, . 
in that Period of Time: but, as these Papers, preparatory to 
Mr. Penn's Charter for Pensilvania, are exceedingly material, 
almost every single Word of them, I, therefore, chose to throw 
them all together, under this (marginal) Date, at the same 
time giving you the real Dates of all the same, and the Con- 
tents as follows, viz. 

For the 
The Humble Ad 
Son to Sir W 
Sheweth, N 

That having 
in Ireland by the Oppression of the Lord 
decease (though most of it remitted by 
to borrow every Penny of it, by reason 
England was under the Stop of the Ex 
with the growing Interest of it, and 9 ye 
for the Relief of his own, and his Mother's 
Ruine. 

He Humbly prays that 
that Princely Respect he of 
his Compassion to the Afflicte 
America, lying North of M 
River, on the West, limmit 
extend as far as plantable, 
he doubts not by his Intere 
profitable Plantation to the 
to raise that speedy and sufficient 
Incumbrances, that he may 
Debt of, at least ll.OOOZ. and be 
and Time as shall be most 
And 
The foregoing imperfect Paper (one half of it being worn 
away) remains in the Books at the Board of Trade, is spoke to 
by Mr. Gallibrand, as Mr. Penn's original Petition for a Grant 
of Pensilvania, and is the Exhibit, Botra No. 26. 

1680, June 14. 

In the Council-Chamber, Monday the 14th of June 1680. 
Present Lord President, Duke of Albemarle, Bishop of London, 
Mr. Secretary Jenkins, Sir T. Chichley : The Petition of Wil- 
liam Penn, referred by an Order from the Earl of Sunderland 
of the first Instant, is read, praying, in Consideration of Debts 



BOUNDARY QUESTION. 34? 

due to him, or his Father, from the Crown, to grant him 
Letters Patent, for a Tract of Land in America, lying North 
of Maryland, on the East bounded with Delaware River, on 
th3 West limited as Maryland, and Northward to extend as 
far as plantable; Whereupon, Mr. Penn is called in, and, being- 
asked, what Extent of Land he will be contented with Northerly? 
declares himself satisfied with three Degrees to the Northwards ; 
and that he is willing, in lieu of such a Grant, to remit his 
Debt, due to him from his Majesty, or some Part of it, and to 
stay for the Remainder till his Majesty shall be in a better 
Condition to satisfy it: Upon the whole Matter, it is ordered 
that Copies of his Petition be sent unto Sir John Werden, in 
behalf of his Royal Highness, and unto the Agents of the Lord 
Baltimore, to the end they may report how far the Pretensions 
of Mr. Perm may consist with the Boundaries fof Maryland, or 
the Duke's Propriety of New York and his Possessions in those 
parts. This Exhibit is proved by Mr. Cfellibrand, and is Botra, 
No. 6. 

1680, June 14. 

To Sir J. Werden about William Penn. Council-Chamber, 
14th June 1680. Sir, the Right Honourable the Lords of the 
Committee for Trade and Plantations having received a Peti- 
tion of William Penn. referred unto them by an Order from 
his Majesty, concerning a Tract of Land in the North Part of 
America, which he would undertake to settle, and render it a 
profitable Plantation to the Crown; But their Lordships have 
not thought tc take any Resolution thereon, before they had 
first consulted you in relation to the Propriety of his Royal 
Highness in those Parts; and do therefore command me to send 
you a Copy of his Petition, here inclosed, with their Desire, 
that you would report unto them, whether such a Plantation or 
Settlement would, any ways, intrench upon the Patent of his 
Royal Highness, or otherwise prejud ice the same. I am — Mary- 
land. Whereupon, their Lordships, taking notice of the Neigh- 
bourhood of Maryland to the Country he desires to plant, have 
thought fit to order a Copy of the Petition to be sent you, or 
such others as are employed here in behalf of the Baltimore, 
to the end you may acquaint them. This Copy is proved by 
Mr. Gellibrand, and is Botra, No. 7. 

1680, June 23. 

For William Blaythwaite Esq; Secretary to the Right Hon- 
ourable the Lords Commissioners for Trade and Plantations 
at Whitehall. St. James's 23d June 1680. Sir, I had answered 
your Letter, of the 14th Instant, sooner, but that my going to 
Windsor just when I received it, hindred me then, and also 



348 PENNSYLVANIA AND MARYLAND 

made me think it proper to acquaint the Duke with the Con- 
tents of it first; What I have now to say is this, that, by all 
which 1 can observe of the Boundaries mentioned in Mr. Penn's 
Petition, they agree weli enough with that Colony or Plantation 
which hath been hitherto (ever since the Conquest of New York 
by Colonel Nicholls) held as an Appendix and Part of the 
Government of New York, by the name of Delaware Colony, 
or more particularly Newcastle Colony, that being the Name of 
a principal Place in jt (the whole being planted, promiscuously^ 
by Swedes, Finlanders, Dutch and English) all which hath 
been actually under the Government of his Royal Highness's 
Lieutenant at New-York hitherto ; but what are its proper 
Boundaries (those of Latitude and Longtitude being so very 
little known, or so ill observed, as Experience tells us, in 
all the Wet-Indies) I am not able to say. If this be what Mr. 
Penn would have, I presume the Right Honourable the Lords 
of the Committee for Trade and Plantations will not encourage 
his Pretensions to it, because of what is above-mentioned, 
which shew plainly the Duke's Right preferable to all others 
(under his Majesty's Good-liking) though it should not prove 
to be strictly with the Limits of the Duke's Patent; but, if it 
beany other Parcel of Land unimproved, in those Parts, which 
is without all other Patents, and not interfering with the Pos- 
sessions of his Majesty's Subjects already settled there, I hum- 
bly submit to their Lordships how far they may think conve- 
nient (under fitting Restrictions and Qualifications, whereby 
to tie up the Government of such new Colony, as near as may 
be to the Laws of England) to recommend the Petitioner's Re- 
quest to his Majesty: Thus, I think I have T as far as I am 
able at present, fully answered your Letter upon this Subject ; 
and so I remain, Sir, your most affectionate Friend and Ser. 
vant, Jo. Werden. This is proved by Mr. Gellibrand, and is 
Botra, No. 8. 

1680, J line 23. 

To Mr. Blaythwaite at his Office in Whitehall, present. Sin, 
In answer to your's, in reference to Mr. Penn's Petition, some 
things are thought proper to be offered, in respect to the 
particular Concern of my Lord Baltimore, something in referenc e 
to the Public on his Lordship's behalf. It is desired, that, if 
the Grant pass unto Mr. Penn, of the Land petitioned for by 
him in America, that it may be expressed to be of Land that 
shall lie North of Sasquahanna Fort, and North of all Lands in 
a direct Line between the said Fort and Delaware River, and 
also North of all Lands upon a direct Line WestAvard from the 
said Fort, for that Fort is the Boundary of Maryland North- 
ward ; It is further desired, that there may be contained general 



BOUNDARY QUESTION. 349 

Words of Restriction, as to any Interest granted to the Lord 
Baltimore, and saving to him all Rights granted ; It is also 
prayed, that my Lord's Council may have a Sight of the Grant 
before it pass. On the Publick Account, it is offered that 
some due Caution be provided, that no Arms, Powder, Shot or 
other Ammunition, be sold by any that shall settle in this 
new Plantation, to the Indians or Natives; for thereby a com- 
mon Mischief may happen unto all his Majesty's neighbouring 
Plantations. This, with our Thanks on my Lord Baltimore's 
behalf, for your Care on him, is all at present from, Sir, your 
humble Servants, Barnaby Duneh, Ri3hard Burk. This is 
proved by Mr. Gellibrand, and is Botra, No 9. 

1680, June 25. 

Whitehall, Friday 25th of June, 1680. Present, Lord Presi- 
dent, Marquis of Worcester, Earl of Clarendon, Mr. Sceretary 
Jenkins. The Petition of Mr. Penn is again read, concerning a 
Tract of Land to be granted him in America, together with 
a Letter from Sir John Werden, and another from the Lord 
Baltimore's Agents, touching the same. And Mr. Penn being 
afterwards called in, is told, that it appearing by Sir John 
Werden's Letter, the Part of the Territory desired by him is 
already possessed by the Duke of York, he must apply himself 
to his Royal Highness for adjusting their respective Pre 
tensions. And Mr. Penn being also acquainted with the 
Matter of the Letter from the Lord Baltimore's Agent's 
he does agree that Susquahannough Fort shall be the Bounds, 
of the Lord Baltimore's Province. And, as to the furnish- 
ing of Arms and Ammunition to the Indians Mr. Penn, 
declares himself ready to submit to any Restraint their Lord- 
ships shall propose. This is proved by Mr. Gellibrand, and 
is Botra, No. 6. 

1680, Oct. 16. 

For my Honoured Friend William Blaythwaite Esq ; Secretary 
to the Right Honourable the Lords Commissioners for Trade 
and foreign Plantations at Whitehall. Whitehall, 16th Oct. 
(80.) Sir, You heretofore wrote to me, touching Mr. William 
Penn's Petition, then before the Right Honourable the Lords 
Commissioners for Trade and foreign Plantations; to which 
I answered you, as at that time I was obliged to do. Since 
then, Mr. Penn hath represented to the Duke, his Case and 
Circumstances (in relation to the Reasons he hath to expect 
Favour from his Majesty, touching that Request of his) to be 
such, as that his Royal Highness commands me to let you know 
(in order to your informing their Lordships of it) That he is 
very willing Mr. Penn's Request may meet with Success: that 



350 PENNSYLVANIA AND MARYLAND 

is, That he may have a Grant of that Tract of Land which lies 
on the North of Newcastle Colony (Part of Delaware) and on 
the West Side of Delaware River, beginning about the Latitude 
of 40 Degrees, and extending Northwards and Westwards as 
far as his Majesty pleaseth, under such Regulation as their 
Lordships shall think fit. I am, Sir, your very humble Servant, 
Jo. Werden. This is proved by Mr. Gellibrand, and is Botra, 
No. 10. 

1680, Nov. 1. 

Whitehall, Thursday the 1st of Nov. 1680. Present, Prince 
Rupert, Lord Privy Seal, Earl of Bridgewater, Earl of Sunder- 
land, Earl of Halifax, Earl of Clarendon, Earl of Essex, Mr. 
Hyde, Mr. Godolphin, Mr. Chancellor of the Exchequer. The 
Petition of Mr. Penn is read, desiring that a Day may be ap- 
pointed for preparing a Grant unto him of Propriety fn a 
Tract of Land in America upon Delaware River, and their 
Lordships appoint this Busii oss for Thursday next. This is 
proved by Mr. Gellibrand, and is Botra, No. 6. 

1680, Nov. 8. 

Copy of a Letter to Mr. Attorney General about Mr. Penn. 
Council Chamber, the 8th November 1680. Sir, His Majesty 
having referred the Petition of Mr. William Penn, unto the 
Lords of the Committee of Plantations, wherein he prays his 
Majesty to grant him a Tract of Land in Amercia, for the set- 
thing a Colony and Plantation there; and their Lordships 
having received, from him, the Inclosed Draught of a Grant, 
which he desires may pass to him for the Government of that 
Colony, have commanded to signify their Desire unto you, 
that, upon Consideration of the Powers therein proposed, you 
report unto them, whether you have any thing to object 
against the same ; their Lordships having appointed to meet 
again upon this Business on Thursday next at Four in the Af- 
ternoon. This is proved by Mr. Gellibrand, and is Botra, 
No. 11. 

1680, November 11. 

Whitehall, Thursday November the 11th, 1680. Present, 
Lord Privy Seal, Earl of Clarendon, Earl of Halifax, Earl of 
Bridgewater, Earl of Sunderland, Mr. Secetary Jenkins. Mr. 
Attorney General presents the Committee with his Observations 
upon the Draught of Mr. Penn's Patent. This is proved by 
Mr. Gellibrand, and is Botra, No. 6. 

1680, Nov. 18. 

To Sir J. Werden about Mr. Penn's Patent. Council-Cham- 
ber the 18th Nov. 1680. Sir, I formerly sent you the Petition 



BOUNDARY QUESTION. 351 

of Mr. Penn, touching a Tract of Land adjoining to New-York, 
and received your Answer thereupon, which I presented to the 
Lords of the Committee of Plantations, and now send you, by 
their Lordships Order, an Extract of so much of the Patent, 
which he is soliciting, as concerns the Boundaries, to the end 
you may make your Objections to it in behalf of his Royal 
Highness, if you see Cause. The Committee having appointed 
to take this Business into their further Consideration on 
Tuesday next at Four in the Afternoon. This is proved by 
Mr. Gellibrand, and is Botra, No. 12. 

1680, Nov. 18. 

To the Agents of the Lord Baltimore, about Mr. Penn's 
Grant. Council-Chamber, the 18th Nov. 1680. Gentlemen, 
On the 14th of June last, I sent you, by Order of the Lords of 
the Committee for Plantations, the Petition of Mr. Penn, who 
prays a Charter for making a Settlement Northerly of Mary- 
land ; and I received your Answer, in behalf of my Lord Bal- 
timore, on the 23d following, which I accordingly laid before 
the Committee ; since which time their Lordships have perused 
the Draught of Letters Patent which Mr. Penn desire? to have 
passed unto him, and which, he alledges, was put into youi 1 
/Hands, according to their Directions, in order to receive your 
Objections, if you had any to make; wherefore, their Lord- 
ships command me to give you notice of the Meeting of a Com- 
mittee on Tuesday next at Four in the Afternoon, for the further 
Consideration of this Business, and that, in case you have 
nothing more to offer to their Lordships at that time, they will, 
thereupon, take their final Resolution concerning the said 

Patent. I am This is proved by Mr. Gellibrand, and is 

Botra, No. 13. 

1680 Nov. 20. 

For my honoured Friend William Blaythwaite Esq ; Secretary 
to the Right Honourable the Lords Commissioners for Trade 
and foreign Plantations, at Whitehall, St. James's 20th Nov. 
.(80.) Sir, At two of the Clock this Day, I met with your Letter 
to me, of the 18th Instant, and a Copy in it (which I here re. 
turn you) of some Part of Mr. Penn's Patent for Land in 
America. I am. first, to premise to you, that, in cases of this 
Nature, it were most proper to have the Advice of Council 
learned in the Laws, for settling the Boundaries of any new 
Patent, which may be liable to encroach on those of another's 
Possession. But in regard I remember well the Duke's Direc- 
tions, (expressed, in a former Letter from me to you, by his 
Royal Highness's Order, dated 16th October (80.) I shall frankly 
tell you my Thoughts thereupon, viz. That I believe the De- 



352 PENNSYLVANIA AND MARYLAND 

scription by Lines, of Longitude (especially) and of Latitude, 
are very uncertain, and so also is it under what Meridian the 
Head of Delaware River lies, which, I do believe, hath never 
yet been observed, by any careful Artist; But it being the 
Duke's Intentions, that Mr. Penn's Grant be bounded on the 
East-side by Delaware River, and that his South Limit be 20 
or 30 Miles beyond Newcastle (which Colony of Newcastle is 
Northwards, and distinct from Maryland, that being under 
the Jurisdiction of Lord Baltimore) which Extent Northwards 
of Newcastle Colony, we guess, may reach as far as the Begin- 
ning of the 40th Degree of Latitude; therefore, if Mr. Penn's 
Patent be •so worded, as to leave Newcastle 20 or 30 Miles beyond 
it free, and to be bounded on the East by Delaware River; I 
think this is all the Caution that needs, as to the Duke, who 
will not concern himself how far North or West Mr. Penn's 
Patent takes in. I am, Sir, your very affectionate Friend and 
humble Servant, Jo. Werden. This is proved by Mr. Grelli- 
brand, and is Botra 14. 

1680, Nov. 23. 

To my Honoured Friend William Blaythwaite Esq ; Secretary 
to the Right Honourable the Lords Commissioners for Trade 
and foreign Plantations, Whitehall. St. James's 23d Nov. 
(80.) Sir, Mr. Perm having fallen into Discourse with me of his 
Concerns in America, since 1 wrote to you on Saturday, 1 have 
told him the Substance of what I wrote, and he seems to fear 
that if his South Limits be strictly set at 20 or 30 Miles North 
from Newcastle Town, he shall have so little of the River left, 
as very much to prevent the Hopes he hath of improving the 
rest within his Patent, but, on the other Side, he is willing that 
12 English Miles North of Newcastle be his Boundary, and 
believes that that Distance will fall under the Beginning of 
the 40th Degree of Latitude; I have already signified to you 
all I know of the Duke's Mind herein which is, in general, to 
keep some convenient Distance from Newcastle, northwards, for 
a Boundary to that Colony, but I confess, I do not understand 
why'tis precisely necessary to insist on just such a Number of 
Miles, more or less, in a Country of which we know so little, 
and when all the Benefits are intended to this Patentee that 
others enjoy ; so as I submit this point to their Lordships Con- 
sideration, and do not think it material for me to add more at 
present from, Sir, your very affectionate Friend and Servant, 
Jo. Werden. This is proved by Mr. Gellibrand, and is Botra 
15. 

1680, Decemb. 16. 
Whitehall, Thursday the 16th Day of Dec. 1680. present. 



BOUNDARY QUESTION. 353 

Prince Rupert, Lord Privy Seal, Marquis of Worcester, Earl of 
Clarendon, Earl of Halifax, Lord Chamberlain, Earl of Bridge- 
water, Lord Chief Justice North, Mr. Secretary Jenkins, Mr. 
Hyde. Mr. Penn is called in, concerning the Patent desired by 
him, and upon reading the Letters from Sir John Werden touch- 
ing the Boundaries wherein his Royal Highness may be con- 
cerned, their Lordships think it best, for the Settlement thereof, 
that Sir John Werden be desired to attend, on Saturday next in 
the Afternoon; at which time the Agent of the Lord Baltimore 
is likewise ordered to give his Attendance, as to what con- 
cerns his Lordship's Propriety of Maryland. This is proved 
by Mr. Gellibrand, and is Botra No. 6. 

1680, Dec. 16. 

Copy of a Summons to the Lord Baltimore's Agent Mr. Burk, 
and to Sir John Werden, about Mr. Perm's Patent. Council- 
Chamber, 16th Desember, 1680, Sir, The Right Honourable the 
Lords of the Committee for .Trade and foreign Plantations have 
appointed to hear the Exceptions of my Lord Baltimore, 
against the Draught of Mr. Penn's Patent, formerly sent to 
you, upon Saturday the 18th of this Instant at Four in the 
Afternoon; and you are desired not to fail in your Attendance 
at that time, their Lordships being then resolved to proceed 

to a Resolution in that Matter. I am. Mr. Burk Sir, The 

Lords of the Committee of Trade and Plantations find it neces- 
sary, in order to the Settlement of Mr. Penn's Patent, to dis- 
course with you concerning it, and have therefore commanded 
to desire you to attend on Saturday the 18th Instant at Four 
in the Afternoon. This is proved by Mr. Gellibrand, and is 
Botra No. 16. 

(1680, Dec. 16.) 

Mr. Penn's Boundaries, settled by my Lord Chief Justice 
North. As the same is bounded on the East by Delaware River 
from the Beginning of the 12 Miles Distance 

Northwards of Newcastle Town 

fortieth Degree of Northern Latitude unto the three and 

fortieth Degree of Northern Latitude, if the said River doth ex- 
tend so far Northward ; But, if the said River shall not extend so 
far Northward, then, by the said River, so far as it doth extend, 
and from the Head of the said River, the Eastern Bounds are 
to be determined by a Meridian Line, to be drawn from the 
Head of the said River unto the said three and fortieth Degree. 
The said Lands do extend Westward five Degree in Longitude, 
to be computed a Circle drawn 

at 12 Miles Distance from Newcastle North- 
23— Vol. XV. 



354 PENNSYLVANIA AND MARYLAND 

wards and Westward unto from the said Eastern Bounds, and 
the said Lands are bounded, on the North, by the Beginning of 
the three and fortieth Degree of Northern Latitude, and, on 
the South by by a straight 

Line the Beginning of the fortieth 

Degree of Northern Latitude, and then, on, Westwards, to the 
Limit of Longitude above mentioned. This is proved by Mr. 
Gellibrand, and is Botra No. 17. 

(1680, Dec. 16.) 

About Mr. Penn's Boundaries. May it please your Lordships, 
I have considered the Petition of Mr. William Penn, praying 
his Majesty to grant unto him a Tract of Land in America, 
lying North of Maryland, bounded on the East by Delaware 
Bay, to the Westward by the Indian Countries, as Maryland ; 
and do not find that such Boundaries do intrench upon the Lord 
Baltimore's Province of Maryland, which is bounded South- 
ward by a Part of Virginia, Eastward by the main Ocean and 
Delaware River, and Northward by that Part of Delaware 
River that lieth in the 40th Degree of Latitude, and so, by a 
direct Line, Westward, through the Continent. And the Patent 
granted to his Royal Highness of New York, being bounded 
Westward by the East Side of Delaware Bay, is sufficiently dis- 
tinguished from theGrant desired by Mr. Penn which is bounded 
Eastward by Delaware Bay, or River ; so that that Tract of Land 
desired by Mr. Penn, seems to be undisposed of by his Majesty, 
except the imaginary Lines of New-England Patents, which 
are bounded, Westward ly, by the main Ocean, should give them 
a real, though impracticable Right, to all those vast Terri- 
tories. But, I am further to offer unto your Lordships, that 
there are several Dutch and Swedish Plantations, which have 
been long under the English Government, that lie scattered on 
the Westward of Delaware River, and some of them perhaps 
within the Bounds of Mr. Penn's Petition, and have, for a 
long time, either acknowledged the Protection of his Royal 
Highness, who took them from the Dutch upon the Conquest 
of New- York, or of the Lord Baltimore, near whose Borders 
they are settled : And hoAv far Mr. Penn's Grant may, in this 
Consideration, concern his Neighbours, is most humbly sub- 
mitted to your Lordships. This is proved by Mr. Gellibrand. 
and is Botra No. 18. 

1680, January 15. 

Whitehall, Saturday the 15th of January 1680-1. Present, 
Prince Rupert, Lord Privy Seal, Marquis of Worcester, Lord 
Chamberlain, Earl of Bridge water, Earl of Clarendon, Vis- 
count Fauconberg, Mr. Finch, Lord Chief Justice North, Mr. 



BOUNDARY QUESTION. 355 

Chancellor of the Exchequer. The Boundaries of Mr. Penn's 
Patent, settled by my Lord Chief Justice North, with the 
Alterations of Sir John Werden are read and approved. And 
their Lordships appoint Wednesday next, at Nine in the Morn- 
ing, to review the whole Patent. This is proved by Mr. Grelli- 
brand, and is Botra No. 6. 

1680, Jan. 22. 

Whitehall, Saturday the 22d of January 1680-1. Present, Lord 
Privy Seal, Earl of Clarendon, Mr. Hyde, Lord Chief Justice 
North, Mr. Seymour, Mr. Secretary Jenkins. Upon reading 
the Draught of a Patent for Mr. Penn, constituting him abso- 
lute Proprietary of a Tract of Land in America, Northerly of 
Maryland, The Lords of the Committee desire my Lord Chief 
Justice North to take the said Patent into his Consideration, 
and to provide, by fitClauses therein, that all Acts of Sovereignty 
as to Peace and War, be reserved unto the King; and that all 
Acts of Parliament, concerning Trade and Navigation and his 
Majesty's Customs, be duly observed ; and, in general, that the 
Patent be so drawn, that it may consist with the King's In- 
terest and Service, and give sufficient Encouragement to Plant- 
ers to settle under it. A Paper being also read, wherein my 
Lord Bishop of London desires that Mr. Penn be obliged by 
his Patent to admit a Chaplain of his Lordship's Appoint- 
ment upon the Request of any Number of Planters; the same 
is also referred to my Lord Chief Justice North. This is proved 
by Mr. Gellibrand, and is Botra No. 6. 

1680, Feb. 24th. 

Whitehall, Thursday the 24th of February 1680-1. Present, 
Lord President, Earl of Conway, Earl of Clarendon, Earl of 
Chesterfield, Mr. Secretary Jenkins. A Draught of a Patent for 
Mr. Penn is read, and there being a Blank left for the Name, 
thair Lordships agree to leave to Nomination of it to the K^ng. 
The Lord Bishop of London is desired to prepare the Draught 
of a Law, to be passed in this Country, for the settling of the 
Protestant Religion. This is proved by Mr. Gellibrand, and is 
Botra No. 6. 

1680, Feb. 24. 

May it please your Majesty, In obedience to your Majesty's 
Order, signified unto us by the Earl of Sunderland on the first 
of June last, We have pi'epared the Draught of a Charter, con- 
stituting William Penn Esq; absolute Proprietary of a Tract 
of Land in America thei-ein mentioned, which we humbly pre- 
sent to your Majesty for your Royal Approbation, leaving also 
the naming of the said Province unto your Majesty, which is 



356 PENNSYLVANIA AND MARYLAND 

most humbly submitted. This is proved by Mr. Gellibrand, 
and is Botra No. 19. 

33 Car. II. 1680. 

Charles the Second, by the Grace of God King of England, 
Scotland, France and Ireland, Defender of the Faith, &c. 
To all whom these Presents shall come Greeting. 

Mar. 4. 

Whereas Our Trusty and Well-beloved Subject William Penn 
Esq; Son and Heir of Sir William Penn deceased, out of a com- 
mendable Desire to enlarge our English Empire, and promote 
such useful Commodities, as may be of Benefit to us and our 
Dominions, as also to reduce the savage Natives, by gentle and 
just Manners, to the Love of Civil Society and Christian Reli- 
gion, hath humbly besought Leave of us to transport an ample 
Colony unto a certain Country, herein after described, in the 
Parts of America, not yet cultivated and planted ; And hath 
likewise humbly besought our Royal Majesty to give, grant 
and confirm all the said Country, with certain Privileges and 
Jurisdictions requisite for the good Government and Safety of 
the said Country and Colony, to him and his Heirs for ever; 

Know ye therefore, that we, favouring the Petition and good 
Purpose of the said William Penn and having Regard to the 
Memory and Merits of his late Father in diverse Services, and 
particularly to his Conduct, Courage and Discretion, under 
our dearest Brother James Duke cf York, in that signal Battle 
and Victory fought and obtained against the Dutch Fleet com- 
manded by the Heer Van Obdam in the Year 1665, 

In Consideration thereof, of our special Grace, certain 
Knowledge and meer Motion, have given and granted, and, by 
this our present Charter, for us, our Heirs and Successors, do 
give and grant, unto the said William Penn, his Heirs and 
Assigns, 

All that Tract or part of Land in America, with all the Islands 
therein contained, as the same is bounded, on the East,- by 
Delaware River, from 12 Miles Distance Northwards, of New 
castle Town unto the three and fortieth Degree of Northern 
Latitude, if the said River doth extend so far Northwards ; but 
if the said River shall not extend so far Northward, then, by 
the said River, so far as it doth extend, and, from the Head of 
the said River, the Eastern Bounds are to be determined by a 
Meridian Line to be drawn from the Head of the said River 
unto the said three and fortieth Degree; The said Lands to 
extend Westward five Degrees in Longitude, to be computed 
from the said Eastern Bounds; and the said Lands to be 
bounded, on the North, by the Beginning of the three and 



BOUNDARY QUESTION. 357 

fortieth Degree ot Northern Latitude, and, on the South by a 
Circle, drawn, at 12 Miles Distance from Newcastle, Northwards, 
and Westwards, unto the Beginning of the fortieth Degree of 
Northern Latitude, and, then, by a straight Line, Westward, to 
the Limit of Longitude above mentioned. 

We do also give and grant, unto the said William Penn, his 
Heirs and Assigns, the free and undisturbed Use and Continu- 
ance in, and Passage into, and out of, all and singular Ports, 
Harbours, Bays, Waters, Rivers, Isles, and Inletts, belonging 
unto, or leading to and from the Country or Islands aforesaid ; 
and all the Soyl, Lands, Fields, Woods, Underwoods, Mountains, 
Hills, Fenns, Isles, Lakes, Rivers, Waters, Rivulets, Bays and 
Inletts, situate or being within, or belonging unto, the Limits 
and Bounds aforesaid ; together with the Fishing of all Sorts of 
Fish, Whales. Sturgeons, and all Royal and other Fishes in 
the Sea, Bays, Inletts, Waters or Rivers within the Premises, 
and the Fish therein taken, and also all Veins, Mines and 
Quarries, as well discovered as not discovered, of Grold, Silver, 
Gfems and Precious Stones, and all other whatsoever, be it 
Stones, Metals, or of any other Thing or Matter whatsoever, 
found or to be found, within the Country, Isles, and Limits 
aforesaid. 

And him the said William Penn, his Heirs and Assigns, we 
do, by this our Royal Charter, for us, our Heirs and Successors, 
make, create and constitute the true and absolute Proprietaries 
of the Country aforesaid, and of all other the Premisses. Sav- 
ing always to us, our Heirs and Successors, the Faith and 
Allegiance of the said William Penn, his Heirs and Assigns, 
and of all other the Proprietaries, Tenants and Inhabitants, 
that are, or shall be, within the Territories and Precincts afore- 
said ; And saving also, unto us, our Heirs and Successors, the 
Sovei-eignty of the aforesaid Country. 

To have, hold, possess and enjoy the said Tract of Land, Coun- 
try, Isles, Inletts, and other the Premisses, unto the said William 
Penn, his Heirs and Assigns, to the only proper Use and behoof 
of the said William Penn, his Heirs and Assigns, for ever, To 
be holden of us, our Heirs and Successors, Kings of England, 
as of our Castle of Windsor in our County of Berks, in free 
and common Soccage, by Fealty only for all Services, and not 
in Capite or by Knight's Service. 

Yielding and paying, therefore, to us, our Heirs and Succes- 
sors, two Beaver Skins, to be delivered at our said Castle of 
Windsor, on the first Day of January in every Year ; And also, 
the fifth Part of all Gold and Silver Ore which shall from time 
to time happen to be found within the Limits aforesaid, clear 
of all Charges. 



858 PENNSYLVANIA AND MARYLAND 

And, of our further Grace, certain Knowledge and meer 
Motion, we have thought fit to erect, and we do hereby erect, 
the aforesaid Country and Islands into a Province and Seig- 
niory, and do call it Pensilvania, And so, from henceforth, we 
will have it called, &c. Original Charter under the Great 
Seal. 

It may be proper to observe here, that there is, at the Board 
of Trade, a very beautiful Map of Maryland, but very ill drawn, 
of which we have proved a Copy ; it must have been, at least, 
as ancient at this Time, because it takes no notice at all of 
Pensilvania; By it, the Eastern Side of the Peninsula is plainly 
left as void and unsettled, whereas all the other Parts are ex- 
tremely full of Names of Places. This Map lays down neither 
Cape Cornelius, not Cape Hinlopen, and it makes the Line of the 
40th Degree compleat to be a little above Newcastle Town, but 
a great deal above the Heads of both Bays, and it makes the 
apparent Isthmus or Neck, which joins the Peninsula to the 
main Continent, to be about 18 Miles below Newcastle: but, 
although a beautiful Map to look at, it's done with no sort of 
Truth. We have proved a Copy of this Map, by Mr. Mathias, 
and it is Exhibit, Botra No. 25. 

1681. Mar. 30. 

From the New York Records, the Entry of a Letter, dated 
at New York, and directed to the Justices and Court at the 
Whorekill: It's signed only shortly A. B. (which we shall see 
by and by was Anthony Brockholts the Commander, left there 
by Sir Edmund Andros) He tells them he has received theirs 
of the 21st, with a Complaint of several Misdemeanours against 
the Clerk of the Court, tor which they sayd they had been 
obliged to turn him out; But you had done well (says he) had 
you sent the Cause hither, before you suspended him, it being 
a Matter rather becoming the Power of some higher Judica- 
ture, and not so fitting for yourselves, who were the Accusers, 
to judge of ; however, I am inclinable to believe you did not do 
it without full Examination into the Truth ; and, in hopes of 
Amendment for the future, am willing to pass it by; to which 
you have made a good Step in the Choice of William Clark, 
a Person I judge capable enough, and could well approve of 
for a Continuance, were he not one of your Bench, which is not 
practicable in any Part ot this Government; however, he may 
officiate till further Order. New York Records, No. 1. Fol. 119. 

Apr. 8. 

At a Court held in Newcastle, Present Captain John Lewin, 
his Royal Highness's Agent, the Justices and Captain Cantwell 
the Sheriff, Captain Lewin produced his Commission from the 



BOUNDARY QUESTION. 359 

Duke, and, understanding it had been publickly read here in 
Court, demanded whether any body questioned the same, but 
none appearing it was ordered that it should be recorded. New- 
castle Records, No. 11. Fol. 87. 

Apr. 23. 

From the Kent Records, a Bill of Sale, acknowledged in open 
Court, and recorded, whereby John Briggs, of St. Jones' 
County in the Province of New York, assigns some Patent and 
the Benefit of it, unto Henry Stevenson. Kent Records, No. 
14. Fol. 14. 

Apr. 23. 

From the Kent Records, an Entry of a Bond of this Date, 
whereby, according to that Court's Order, the Appellant Corne- 
lius Verhoof, with two Securities, entered into Bond to the 
Court of St. Jones's County, of 200Z. New York Money, for 
answering the Appeal granted in the Action of Johannis Kypp 
and Raynier Williams, at the next High Court of Assizes at 
New York, and abiding the final End and Determination of 
that Court. And on the other hand, another Bond from 
Johannis Kypp and Partners to the said Court of St. Jones's 
County, in 2001. New York Money, conditioned to appear and 
answer the said Appeal at the next Court of Assizes at New 
York, and to abide by the final Determination of that Court. 
Kent Records, No. 14. Fol. 17. 

May. 6. 

A Re-survej', made by Ephraim Herman, Surveyor, for John 
Barentson, according to a Patent from Governor Lovelace, of 
Land granted to Geritt Sanderson, and by him sold to the 
said John Barentson, lying on the West side of Delaware River 
above Newcastle, at a Place called Swanwick. Newcastle Re- 
cords, No. 11. Fol. 88. 

July 19. 

At a Meeting of the Justices of St. Jones's County, Ephraim 
Herman, the Surveyor, made Returns of the following Surveys, 
made for divers Persons there named, according to the several 
Warrants from this Court directed to him ; Then they enumer- 
ate the Names of 23 Persons, and their respective Quantities of 
Land, which altogether amount to 14,247 Acres. Those 23 
Certificates, Plotts, and Surveys, were overlooked and perused 
by the Magistrates, and were by them allowed, and the Clerk 
John Brinckloe ordered to cause the same to be recorded upon 
the Records, and, after that, to certify to the Governor, on 
every of the said Certificates, that they were approved of by 
the Court ; and then to be sent to New York, for further Con- 
firmation thereof by Patent. Kent Records, No. 14. Fol. 18. 



360 PENNSYLVANIA AND MARYLAND 

Aug. 15. 

From the New York Records an Order, dated in New York, 
signed shortly A., B. bat there said to be made by the Com- 
mander in Chief, directed to the Magistrates, Court and Sheriff 
at Deal alias Whorekill, Delaware; recites, that Complaint 
had been made to the Commander, that Cornelius Verhoof, 
though dismist from being Clerk of the Court, and another 
appointed in his stead, detains and refuses to deliver the Records 
and Papers belonging to the said Court; Therefore, in the 
King's Name authorising and requiring the Magistrates, Court, 
and Sheriff, to demand them, to search for them in all Places, 
and, if found, to deliver them to William Clark, the present 
Clerk; but if not found, to bind Verhoof over, to the general 
Court of Assizes, to answer the same. New York Records, No. 
1. Fol. 119. 
1681. Aug. 21. 

From New York Records the following Entry. These follow- 
ing Accounts recorded for Mr. Philip Wells in behalf of Sir 
Edmund Andros. New York, Anno 1681. Aug 21. Account of 
Debtors standing out, &c. for Account of his Royal Highness 
James Duke of York, &c. Among other Articles in said Ac- 
count of outstanding Debts to his Royal Highness is the fol- 
lowing one, For Quit-Rents at Delaware Ephraim Herman is 
to give account of. New York Records, No. 1. Fol. 120. 

Aug. 27. 

From the New York Records, the Duke of York's Order, 
dated at Edinburg, directed to Lieutenant Brockholls. Being 
informed that most, if not all the Commissions of the Peace 
and Magistrates, in the City and Province of New York, and 
Dependencies, do expire, ere long; I signify to you, that the 
present Justices and Magistrates are to continue in the Exercise 
of their respective Functions until further Order; and in case 
of any Want of them, by Death or otherwise, their Places to 
be supplied, from time to time, by you and the Council. New 
YorK Records, No. 1. Fol. 120. 

Octob. 5. 

In the Kent Records, an Entry of an Act of the Oeneral Court 
of Assizes held at New-York this Day, attested by the Clerk of 
the Assizes, that in the Cause Cornelius Verhoofe Appellant 
Johannes Kypp and Raynier Williams Defendants, the Appel- 
lant not appearing to prosecute his Appeal according to Law, 
the Court ordered him to be nonsuited, and to pay Costs. 
And, underneath that Entry, another Entry or Minute ; Exe- 
cution taken out upon the Order of April Court 1681, Kent 
Records, No. 14. Fol. 19. 



BOUNDARY QUESTION. 361 

Nov. 11. 

From the Newcastle Records, a Letter, writ by the Justices, 
directed to the Right Honourable Captain Anthony Brockholts, 
Deputy Governor in New York, acquainting him, that at their 
ordinary Court Day, on the 1st Instant, Francis Jackson, Servant 
to Abraham Man, appeared in Court, and there delivered a 
Paper signed by his Master, whom we resolved to send for and 
proceed against; to which purpose we issued a Warrant, but 
the said Man made his Escape from the Under-Sheriff, and 
keeps at present in Pensilvaniaand Burlington; We send your 
Honour, enclosed, the Copies of all the Papers and other Pro- 
ceedings, and desire your Honour's further Order and In- 
structions for our further Rule in this and the like Occasions. 
The Proclamation which Mr. Moll brought along with him, is 
published. Newcastle Records, No. 11. Fol. 89. 

Nov. 21. 

From New York Records, an Entry of Deputy-Governor An- 
thony Brockholl's answer, signed by him, and directed to the 
Magistrates and Court at Newcastle Delaware. Says he has re- 
ceived theirs of the 11th, with the enclosed Writing about Abra- 
ham Man, whom you did well to prosecute, but your Officers were 
not so careful as they ought, in the Service of the Warrant. 
His Offence being great, I have wrote to the Governor of Pen- 
si lvania, that, if he abscond in that Government, Enquiry may 
be made, and he delivered to you. If he be submissive, you 
may bind him over, on good Sureties, to the next General Court 
of Assizes, to answer the same; but, if he be stubborn, send 
him hither, that he may not longer disturb the Peace and Quiet 
of your Parts, which shall always endeavour to preserve; hope 
you'll do your Parts, that all Offenders in the like Nature may 
have their due Punishment, and the Authority of the Govern- 
ment maintained and supported. New York Records, No. 1. 
Fol. 120. 

Note — The same Letter is also entered in Newcastle Rec- 
ords, No. 11. Fol. 91. 
Dec. 6. 

At a Court held before the Justices in the Town of Newcastle, 
upon several Petitions presented to them, the Court granted 
to Benjamin Gumly to take up 200 Acres, Ephraim Herman 400 
Acres, Casparus Herman 400 Acres, and to Joseph Burnham 
a Lot within the Town of Newcastle. Newcastle Records, No. 
11. Fol. 90. 

Jan. 26. 

From the New York Records a Letter from Captain Brock- 
holls, dated in New lork, and directed to Mr. Ephraim Her- 



362 PENNSYLVANIA AND MARYLAND 

man, owns the Receipt of his of the 16th and 27th of December, 
and tells him that he has sent him enclosed an Order for col- 
lecting and receiving the Quit-Rents, and Arrears, due in Dela- 
ware River and Dependencies, as formerly, as well of what was 
in Arrear for that Part of the River now called Pensilvania; 
Of which have wrote to Governor Markham, desiring him to 
assist you therein. As to the Desire of the Magistrates, to ioin, 
to lay out the twelvs Miles above Newcastle, it is not within 
their Cognizance, but, if necessary, and desired here, shall ap- 
point as may be most proper. New York Records, No. 1. Fol. 
121. 

Same Day. 

Captain Brockholl's Commission or Warrant, dated in New 
York, and directed to Ephraim Herman, Collector and Receiver 
of the Quit-Rents in Delaware River, recites that he had been 
formerly appointed Collector and Receiver of the Quit-Rents 
due in Delaware River and Dependencies ; and several Sums 
being due and in Arrear for the same, as well in that Part of 
the River now called Pensilvania, as the other Parts thereof; 
he therefore authorises Herman to continue to collect and re- 
ceive the same, till further Order; remitting it to Captain 
Brockholts, together with an Account thereof, as often as Op- 
portunity. New York Records, No. 1. Fol. 121. 

Same Bay. 

Captain Brockholl's Letter, dated at New York, to the Gov- 
ernor of Pensilvania, acquainting him what Authority he had 
continued to Hermans; and being informed that several Per- 
sons, now under your Government, are in Arrear for the same, 
do desire your Favour and Assistance to the said Collector in 
the Receipt thereof; assuring you I shall be ready, on ail Oc- 
casions, to serve you, &c. New York Records, No. 1. Fol. 121. 

Feb. 1. 

From Sussex Records, the Entry there, of a Bill of Sale, from 
John Oakey of Deal County in the Province of New York, to 
John Kiphaven and Alexander Moulston of a Lot of Land. 
Sussex Records, No. 17. Fol. 15. 

March 12. 

From Kent Records, A Deed of Conveyance of Lands, ac- 
knowledged in open Court, and recorded from John Burton to 
Daniel Jones, wherein the said John Burton describes himself 
of St. Jones's in the Province of New York. Kent Records, 
No. 14. Fol. 20. 

1682. June 21. 
From Kent Records, A Contract, acknowledged in open 



BOUNDARY QUESTION. 363 

Court, and recorded, being for Sale of Lands on the North 
Branch of Duck Creek, from John Hilliard to Simon Hirons; 
wherein Hilliard writes himself of St. Jones's County in the 
Province of New York, and, when Hilliard obtains a Patent for 
the same, out of the Offlc? at New York, he shall make further 
Assurance. Kent Records, No. 14. Fol. 21. 

Aug. 11. 

From Kent Records, and Assignment, acknowledged in open 
Court, and ordered to be recorded, from Thomas Heathard of 
the County of St. Jones in the Province of New York, to Samuel 
Mott. Kent Records, No. 14. Fol. 22. 

Aug. 14. 

From Kent Records, A General Release, ordered to be recorded 
made from William Buorn of St. Jones's County in the Prov- 
ince of New York, to Nicholas Greenberry. Kent Records No. 
14. Fol. 23. 

Aug. 15. 

From Kent Records, a Letter of Attorney, ordered to be re- 
corded, from John Beaman and Nicholas Greenberry, both of 
Maryland, unto Captain John Brings of St. Jones's County, in 
the Province of New York, to demand and recover a Bond Debt 
due from William Buorn, of the County of St. Jones, in the 
Province of New York. Kent Records, No. 14. Fol. 24. 

Aug. 21. 

An Original Indenture of Release, under the Hand and Seal 
of the Duke of York, being made between the said Duke of 
York, of the one Part, and William Penn Esq; Son and Heir 
of Sir William Penn Knight, deceased, of the other Part. It 
recites, that the Duke, being willing and desirous, that the 
Tract, or Part of Land called Pensilvania, therein after men- 
tioned, should be granted and assured unto the said William 
Penn, and his Heirs, and, for that Purpose, having signified 
and declared his Assent thereunto, to the Right Honourable 
the Lords of Committee of Plantations; His Majesty, by his 
Letters Patent under the Great Seal, bearing Date the 4th of 
March, in the 33d Year of his Reign, had granted unto the said 
William Penn, and his Heirs, all that Tract, or Part of Land 
in America, with the Islands, therein contained, and thereunto 
belonging, as the same is bounded and described in, and by ths 
said Patent, and therein called Pensilvania, together with sev- 
eral Royalties, Franchises, Jurisdictions and Privileges therein 
contained. It further recites, that, in Consideration of 5s. and 
for the Considerations therein after mentioned, the said 
Duke was willing and pleased to confirm, and make any 



364 PENNSYLVANIA AND MARYLAND 

further Assurances of the said Tract of Land and Premi- 
ses, unto the said William Penn, and his Heirs. Now, his 
said Royal Highness, out of a special regard to the Memory, 
and many faithful and eminent Services, heretofore performed 
by the said Sir William Penn to his Majesty, and his Royal 
Highness, and for the better encouraging the said William 
Peun to proceed in the cultivating and improving the said 
Tract of Ground and Islands therein, and there unto be 
longing, and reducing the savage and barbarous Natives 
thereof to Civility, and for the Good- will which is said Royal 
Highness hath, and beareth unto the said William Penn, and 
for other good Causes and Considerations, doth, for him and 
his Heirs, remise, release, and for ever quit Claim, unto the 
said William Penn, (in his peaceable Possession now being) his 
Heirs and Assigns, all the Estate, Right, Title, Interest, Rents, 
Services, Duties, Payments, Property, Claim and Demand what- 
soever, of his said Royal Highness, of, into, or out of the said 
Tract of Land, and all and singular other the Lands, Islands, 
Tenements, Hereditaments, and other things comprised in the 
said Letters Patent, and within the Bounds and Limits therein 
mentioned ; to hold to the said William Penn. and His Heirs, 
to the only Use and Benefit of the said William Penn, his Heirs 
and Assigns forever. The original Indenture under the Duke's 
Seal, (above 60 Years old,) witnessed by Jo. Werden and Geo. 
Mann. 

Aug. 24. 

Another original Indenture of Feoffment, under the Hand 
and Seal of the Duke of York, between the Duke of the one 
Part, and the said William Penn of the other Part, whereby 
(without any Recitals) the said Duke, out of a special Regard 
to the Memory, and many faithful and eminent Services then- 
tofore performed by Sir William Penn to his Majesty and the 
Duke, and for the Good -will which the Duke had and bore to 
the said William Penn, and in consideration of 10s. and for 
other good Causes and Considerations, did bargain, sell, enfeoff 
and confirm, unto the said William Penn, his Heirs and Assigns 
for ever. 

All that the Town of Newcastle, otherwise called Delaware, 
and all that Tract of Land, lying within the Compass or 
Circle of 12 Miles about the same, scituate, lying, and 
being upon the River Delawarejn America, and all Islands 
in the said River Delaware, and the said River and soil 
thereof, lying North of the Southermost Part of the said 
Circle of 12 Miles about the said Town. 
Together with all Rents, Services, Royalties, Franchises, 



BOUNDARY QUESTION. 365 

Duties, Jurisdictions, Liberties and Privileges, thereunto be- 
longing, and all the Estate, Right, Title, Interest, Powers, 
Property, Claim and Demand whatsoever, of the Duke, of, in, 
or to the same, or to any Part or Parcel thereof. 

Saving always to the Duke, his Agent and Servants, free Use 
of all Ports, Ways and Passages, into, through, and out of the 
bargained Premises, and every Part and Parcel thereof, 

To have and to hold the said Town and Circle of 12 Miles of 
Land about the same, Islands and Premises, with their Appur- 
tenances, unto the said William Penn, his Heirs and Assigns, 
to the only Use and Behoof of the said William Penn, his 
Heirs and Assigns, for ever, 

Yielding, and paying yearly unto the Duke, his Heirs and 
Assigns, the Sum of 5s. at the Feast of St. Michael only. 

And the said William Penn, for himself, his Heirs and As- 
signs, covenants and grants to the Duke, to pay the said yearly 
Rent of 5s. at the Days whereon reserved. 

And the Duke, for himself, his Heirs and Assigns, covenants 
and grants with the said William Penn, his Heirs and Assigns, 
that the Duke, his Heirs and Assigns, will, at any time hereafter 
during the Space of 7 Years next ensuing the Date hereof, upon 
the Request, and at the Costs and Charges in the Law of the 
said William Penn, his Heirs and Assigns, do make and execute, 
or cause or procure to be made, done and executed, all and 
every such further Act and Acts, Conveyances and Assurances 
in the Law, whatsoever, for the further conveying and assur- 
ing the said Town, and Circle of 12 Miles of Land about the 
same, and Islands, and all otlier the Premises, with the Appur- 
tenances, unto the said William Penn, his Heirs and Assigns 
forever, as by the Council learned in the Law, of the said 
William Penn, his Heirs or Assigns, shall be devised, advised, 
or required. 

And the Duke thereby made, constituted, and appointed 
John Moll of Newcastle aforesaid Esq; and Ephraim Herman 
of Newcastle aforesaid Gent, jointly, and either of them sever- 
ally his Attorneys ; and gives and grants unto them, or either 
of them, full Power and Authority for him, and in his Name 
and Stead, into all and singular the Premises, and into every, 
or any Part or Parcel thereof, in the Name of the whole, to 
enter and quiet and peaceable Possession and Seisin thereof, or 
of any Part or Parcel thereof in the Name, of the whole to enter 
and receive ; and. after peaceable Possession thereof had and 
taken, as aforesaid, to deliver quiet and peaceable Possession, 
and Seisin thereof, or of any Part or Parcel thereof, in the Name 
of the whole, to the said William Penn, his Heirs or Assigns, 
or to his or their lawful Attorney or Attorneys, sufficiently au- 



366 PENNSYLVANIA AND MARYLAND 

thorised to receive and take the same; and him or them to 
leave in the quiet and peaceable Possession thereof, according 
to the true Intent and Meaning of these Presents. 

And the Duke allows of, ratines and confirms, whatsoever 
his said Attorneys shall lawfully do, or cause to be done, in 
and about the Premises, by Virtue of these Presents, to be as 
good and effectual in the Law, to all Intents and Purposes, as 
if the Duke had done the same in his own Person, or had been 
present at the doing thereof. 

Signed and sealed by the Duke of York, and witnessed by 
Jo. Werden and Greo. Mann. 

This original Indenture is markt to be inrolled in sundry 
Places, and at sundry Times, viz. in the Office of Records for 
the Province ot New York, on 21 Nov. 1682, in the Court of 
Exchequer in Trinity Term 1684, (the 36th of King Charles 
II.) in the Office of the Auditor of the Exchequer sans Date 
thereto, and in the Office of the Clerk of the Pells, on 10 Oct. 
1688, in the fourth of King James the Second. 

As by the Original Indenture of Feoffment. 

We have also a Copy thereof from the Records in New York, 
in New York Records, No. 1. Fol. 122. 

Aug. 24. 

Another Original Indenture of Feoffment, under the Hand 
and Seal of the Duke of York, between the Duke of the one 
Part, and the said William Penn of the other Part, whereby, 
(without any Recitals,) the said Duke, out of a special Regard 
to the Memory and many faithful and eminent Services then- 
tofore performed by the said Sir William Penn to his Majesty 
and his Royal Highness, and for the Good-will which the said 
Duke had and bore to the said William Penn, and for the Con- 
sideration of 105. and of the Rent and Covenants herein after 
reserved and contained, does bargin, sell, enfeoff and confirm, 
unto the said William Penn, his Heirs and Assigns for ever, 
All that Tract of Land, upon Delaware River and Bay, be- 
ginning 12 Miles South from the Town of Newcastle, other 
wise called Delaware, and extending South to the Whore- 
kills, otherwise called Capin Lopen, together with free 
and undisturbed Use and Passage into, and out of all Har- 
bours, Bays, Waters, Rivers, Isles and Inlets, belonging 
to, or leading to the same ; Together with the Soil, Fields, 
Woods, Underwoods, Mountains, Hills, Fenns, Isles, 
Lakes. Rivers, Rivulets, Bays and Inlets, scituate in, or 
belonging unto the Limits and Bounds aforesaid. 
Together with all Sorts of Minerals, and all the Estate, In- 
terest, Royalties, Franchises, Powers, Privileges and Immuni- 



BOUNDARY QUESTION. 367 

ties whatsoever, of the Duke therein, or in or to any Part or 
Parcel thereof. 

Saving and reserving to the Duke, his Agents and Servants, 
free Use of all Ports, "Ways and Passages into, through, and 
out of the Premises. 

To hold to the said William Penn, his Heirs and Assigns, 
to the only Use of the said William Penn, his Heirs and As- 
signs for ever. 

To be held of his Royal Highness and his Heirs, as of their 
Castle of New York, in free and common Soccage, 

Yielding yearly to the said Duke, his Heirs and Assigns one 
Rose at Michaelmas, if demanded. 

And the said William Penn, for himself, his Heirs and As- 
signs, covenants and agrees with the Duke, his Heirs and As- 
signs, that he the said William Penn, his Heirs or Assigns, shall 
and will, within one Year next, erect a publick Office of Reg- 
istry upon the Premises, wherein he or they shall and will, 
amongst other Things, truly account, set down, and register, 
all Rents and other Profits, which he or they shall make, raise 
get, or procure, of, in, or out of the said Premises, and shall, 
at Michaelmas, yearly, pay and deliver to the Duke, his Heirs 
and Assigns, a Moyety of all Rents, Issues and Profits, as well 
extraordinary as ordinary, as shall be made or raised by reason 
of the Premises. 

And, if the same shall be behind by the Space of 20 Days 
after the same ought to be paid, then, and so often, it shall be 
lawful for the Duke, his Heirs and Assigns, to enter into, and 
upon the said Premises, and there to distrain, and the Dis- 
tresses to take and detain, until the said Moyety and Arrears 
thereof shall be paid, together with all Costs and Damages 
for the same. 

The follow the Duke's Covenants for further Assurance, and 
his Appointment of Attorneys to deliver Seisin, in the very 
same Words as in the last Feoffment which was made of New- 
castle. 

Signed and sealed by the Duke, and witnessed by Jo. Werden 
and Geo. Mann. This original Indenture is markt to be re. 
corded in the Office of Records for the Province of New York, 
on 21 Nov. 1682. 

As by this original Indenture of Feoffment also. 

We have likewise a Copy thereof from the Records in New 
York, in NewYork Records, No. 1. Fol. 124. 

1682, Oct. 10. 

From the Records in Kent County, the Entry of a Bond from 
Geo. Cullin, of the County of St. Jones's in the Province of 



368 PENNSYLVANIA AND MARYLAND 

New York, to Geo. Martin of the same County and Province, 
conditioned for making over to the said Martin, within a Year, 
in open Court for the County of St. Jones's, 500 Acres of Land 
on the South Side of Mispillion Creek. Kent Records, No. 14. 
Fol. 25. 

Note. 

You are pleased to observe the Feoffments from the Dnke 
were dated (here) but 24 Aug. 1682, and some Time it must 
have taken for Mr. Penn to prepare and go over with them. 

Oct. 27, 28. 

An Entry taken from the Newcastle Records in the following 
Words ; " On the 27th Day of October, 1682, arrived before the 
"Town of Newcastle in Delaware, from England, William 
"Penn Esq; Proprietor of Pensilvania, who produced two 
"certain Deeds of Feoffment, from the illustrious Prince James, 
"Duke of York and Albany, &c. , for this Town of Newcastle, 
"and 12 Miles about it, and also for the two lower Counties, 
"the Whorekills and St. Jones's which said Deeds bore Date 
"24th August 1682, and, pursuant to the true Intent, Purpose, 
"and Meaning of his Royal Highness in the same Deeds, he 
"the said William Penn received Possession of the Town of 
"Newcastle, the 28th of October, 1682. Newcastle Records, No. 
"11. Fol. 92." 

Oct. 28. 

Another Entry, taken from the Newcastle Records, viz. " New- 
castle, the 28th October, 1682. Memorandum, That the Day 
"and Year first above written, William Penn Esq; by Virtue 
"of an Instrument of Indenture, signed and sealed by his Royal 
"Highness James Duke of York, &c. did, then and there, de- 
"mand Possession and Seisin, of John Moll Esq; and Ephraim 
"Herman Gent. (Attorneys constituted by his said Royal Higb- 
"ness) of the Town of Newcastle, otherwise called Delaware, 
"with 12 Miles Circle or Compass of the said Town; That the 
"Possession and Seisin was accordingly given, by the said At- 
torneys, to the said William Penn, according to the usual 
"Form, by Delivery of the Fort of the said Town, and leaving 
"the said William Penn in quiet and peaceable Possession 
"thereof, and also, by the Delivery of Turf and Twig, and 
"Water and Soil of the River Delaware; and that the said Wil- 
"liam Penn remained in the peaceable Possession of the Pr«- 
"mises, as Witness our Hands the Day abovesaid. Thomas 
"Holme, William Markham, Arnoldus de la Grange, Geo. 
"Ferman, Ja. Graham, Samuel Land, Richard Tugelo, Joseph 
"Curtis, John Smith." Newcastle Records, No. 11. Fol. 93. 



BOUNDARY QUESTION. 369 

Note. 

We have, in this present Cause, (58 Years aftar this Transac- 
tion) examined old Witnesses, who were present at Mr. Penn's 
taking Possession, and at the Delivery of Seisin to him. 

Oct. 28. 

Another Entry from the Newcastle Records, viz. " We under 
"written, being Inhabitants of the Town of Newcastle upon 
"Delaware River, haviug heard the Indentures read, made be- 
"tween his Royal Highness James Duke of York and Albany, 
"&c. and William Penn Esq; Governor and Proprietor of the 
"Province of Pensilvania, &c. wherein the said DuKe trans- 
"ferreth his Right and Title to Newcastle, and 12 Miles Circle 
"about the same, with all Powers, and Jurisdictions, and Ser- 
vices thereunto belonging, &c. unto the said William Penn; 
"and having seen, by the said Duke's Appointed Attorneys, 
"John Moll and Ephraim Herman, both of Newcastle, Posses- 
sion given, and by our Governor, William Penn Esq; Posses- 
sion taken, whereby we are made subjects, under the King, 
"to the said William Penn Esq; we do hereby, in the Presence 
"of God, solemnly promise to yield to him all just Obedience, 
"and to live quietly and peaceably under his Government. 
" Witness our hands this 28th Day of October, Anno 1682. 
"Arnoldus de la Grange, Joh. D'haes, R. D. Burch, Will. 
"Sempill, John Homez, Hendrick Lemmens, Joseph Moore, 
"Jean Bavins, Jonas Arskin, Gyles Barret, Peter Clason, Sam- 
"uel Land." Newcastle Records, No. 11. Fol. 93. 

We have a written Map or Plans of the Town of Newcastle, 
apparently very ancient; It appears to have been writ by 
some Foreigner, and Mr. Hamilton gives some Account of its 
having been of the Hand Writing of this Arnoldus de la Grange, 
before named, and of its having been found, by a dead Sur- 
veyor of Newcastle County, long ago, in the Surveyor General's 
Office in Newcastle. The Date is most uncertain, but it shews 
that the Town anciently was laid out regularly in Streets, and 
many of the Town Lots then taken up. at the Time of this Map ; 
and indeed, it is observable, on many ot the Grants of Town 
Lots in Newcastle, herein before stated, that those Lots are said 
to be lying in such and such Streets, as we find mentioned in 
this old Map. The Exhibit is Newcastle Map. 

Oct. 29. 

From the Records in Sussex County. The Entry of a Notifi- 
cation, signed William Penn, dated at Upland, and directed 
to William Clarke, Luke Watson, John Roads, John Avery, 
Halmanus Wiltbank, and Alexander Molistone; he notifies to 
24— Vol. XV. 



370 PENNSYLVANIA AND MARYLAND 

them, that the Duke of York had, by Feoffment, dated 24 Aug- 
1682, past and conveyed to him, from 12 Miles Southward of 
Newcastle upon Delaware River, to Cape Henlopen, together 
with the Powers and Jurisdictions thereunto belonging, reserv- 
pig unto himself one Moyety of the Rent thereof, whereby the 
said William Penn becomes, also, Proprietary and Governor 
of the before-mentioned Tract of Land ; He desires them to 
meet him, next Thursday, at the Town of Newcastle, being 
the 2d of November, where he intends to hold a General Court 
for the settling the Jurisdiction of these, and your Parts, in 
which they will oblige him. If there be any Persons of Note, 
or others, that desire to be present, they may come freely, ^ hich 
you are desired to communicate. Sussex Records, No. 17. Fol. 
16. 

Nov. 7. 

Prom the Records in Sussex County, Commission from Wil- 
liam Penn Esq ; dated in Newcastle, whereby he, as Proprietary, 
and Governor of Pensilvania, Newcastle, St. Jones, Whorekill 
alias New Deal, with their proper Liberties, does, in the King's 
Name, constitute Luke Watson, William Clark, John Roads, 
John Avery, and Halmanus Wiltbank, or any three of them, 
to be Justices of the Peace, and Court of Judicature for the 
County of Whorekill alias New Deal; this Commission to be 
in Force for one Year, or till further Order. Sussex Records, 
No. 17. Fol. 17. 

Same Day. 

From the Records in Kent County, another like Commission 
from the said William Penn, under the like Titles, and dated 
at Newcastle, appointing Frank Whitwell, William Durvall, 
John Hillyard, John Briggs, and Robert Hart, or any three of 
them, to be Justices of the Peace, and Court of Judicature for 
the County of St. Jones, and an Act of Entry, that it was pub- 
lisht in Court, and ordered to be recorded. Kent Records, 
No. 14. Fol. 26. 
Nov. 8. 

From the Records in Kent County, A Writ, under Mr. Penn's 
Hand and Seal, directed to Peter Baucomb, High Sheriff of St. 
Jones's County, requiring him to summon all the Freeholders, 
within the Precinct of his Office, to meet on the 20th Instant, 
and to elect and chuse, out of themselves, seven Person, of 
most Note for Wisdom, Sobriety and Integrity, to serve as their 
Deputies and Representatives, in General Assembly, to be held 
at Upland, in the Province of Pensilvania, the 6th of December 
next, and then and there to consult with him, for the common 
Good of the Inhabitants of that Province, and the adjacent 



BOUNDARY QUESTION. 371 

Counties of Newcastle, St. Jones's, Whorekill alias New Deal, 
under his Charge and Jurisdiction, and to make a true and 
just Return to Mr. Penn. Kent Records, No. 14. Fol. 26. 

Same Day. 

From the Records in Sussex County, A Commission from Mr. 
Penn, appointing John Vynes to be Sheriff of the Count} 7 of 
Whorekill alias New Deal. Sussex Records, No. 17. Fol. 18. 

Same Day. 

Also Mr. Penn's like Writ, to him dir acted, to summon all 
the Freeholders of that County, to elect seven Persons as their 
Representatives, for the General Assembly. Sussex Records 
No. 17. Fol. 18. 

Nov. 14. 

From the Sussex Records, an Entry of a Paper signed and 
sealed by several of the Justices by Mr. Penn appointed for 
that County, whereby, in pursuance of their Commission, they 
do, in the Presence of God, declare and promise to act justly, 
and faithfully discharge their Trust. Sussex Records, No. 17. 
Fol. 19. 

Nov. 20. 

From the Records in Kent County. Peter Bawcomb signs 
and seals, before the open Court, that he being appointed 
Sheriff of the County of St. Jones's, by Mr. Penn, he declares, 
and solemnly promises, in the Presence of God, justly to exe- 
cute his Office, and discharge his Trust. Kent Records, No. 
14. Fol. 27. 

Same Day. 

From the Records in Kent County, five of the Justices for 
St. Jones's County being appointed by Mr. Penn, sign and seal 
the like solemn Declaration, on their Parts. Kent Records, 
No. 14. Fol. 27. 

Nov. 21. 

From the New York Records, it appears that the two Feoff- 
ments from the Duke of York to Mr. Penn, were on this Day, 
entered in their Records. New York Records, No. 1. Fol. 123. 
and Fol. 126. 
Same Day. 

From the New York Records, A Declaration, by the Com- 
mander in Chief and Council, dated in New York, recites both 
the Duke's said Feoffments to Mr. Penn, and the Duke's Ap 
pointments, therein contained, of Persons to deliver Posses- 
sion of the said Pemises to Mr. Penn, as by the said Indentures, 
here produced and shewn to us, and by us well approved of 



372 PENNSYLVANIA AND MARYLAND 

and entered in the publick Records of this Province, does ap- 
pear. And we, being thereby fully satisfied of the said William 
Penn's Right to the Possession and Enjoyment of the Premises, 
have, therefore, thought fit and necessary to signify and 
declare the same to you, to prevent any Doubt or Trouble that 
might arise or accrue, and to give you our Thanks for your 
good Services, done in your several Offices and Stations, dur- 
ing the Time that you remained under his Royal Highness's 
Government; expecting no further Account, than that you 
readily submit and yield all due Obedience and Conformity 
to the Powers granted to the said William Penn in and by the 
said Indentures; in the Performance and Enjoyment of which 
we wish you all Happiness. This Declaration is directed, To 
the several Justices of the Peace, Magistrates, and other Officers, 
at Newcastle, St. Jones, Deal, alias the Whorekill, at Delaware, 
or, within any of the Bounds and Limits above-mentioned. 
New York Records, No. 1. Fol. 127. 

We have another Entry of this Declaration, which is there 
signed by the Commander Anthony Brockholls, and counter- 
signed, by Order in Council, John West Clerk of the Council ; 
which is entered in Newcastle Records, No. 11. Fol. 92. 

From the Newcastle Records, we have an Entry of a Certifi- 
cate, or Declaration, signed John Moll, (but without Date) 
wherein he relates that Mr. Penn, at his first Arrival from 
England by the Town of Newcastle, in the Month of October 
1^82, sent a Messenger ashore, to give Notice to the Commis- 
sioners of his Desire to speak with them aboard ; that Mr. 
Moll (being then left the first in Commission by Sir Edmund 
Andros, Governor under the Duke of York of all his Territories 
in America) did go aboard, with some more of the Commis- 
sioners; when Mr. Penn shew'd him the two Feoffments, the 
one for the County of Newcastle, with 12 Miles Distance North 
and South thereunto belonging [please to observe Mr. Moll's 
understanding of the Terms of that Feoffment] The other for, 
&c. with Powers of Attorney to me, and Ephraim Herman de- 
ceased, to deliver Possession to Mr. Penn ; but the said Herman, 
being gone from borne, was not aboard, at that Time; I there- 
fore, desired, from Mr. Penn, 24 Hours to consider with Herman 
and the rest of the Commissioners about it ; In which Time we 
unanimously agreed to comply with the Duke's Orders, Where- 
upon, by Virtue of the Powers given to us by the said Letters 
of Attorney, we did give and surrender, in the Duke's Name, 
to Mr. Penn, actual and peaceable Possession of the Fort at 
Newcastle, by giving him the Key thereof to lock upon himself 
alone the Door: which being open'd by him again, we did 
deliver, also, to him, one Turf, with a Twig upon it, a Por- 



BOUNDARY QUESTION. 373 

ringer with River Water and Soil, in Part of all that was spe- 
cified in the said Indenture, and according to the true Intent and 
Meaning thereof; And, a few Days after that, we went to the 
House of Captain Edmund Cantwell, at the south Side of Apo- 
quemining Creek, by Computation, above 12 Miles Distance 
from the Town of Newcastle, as being Part of the Two lower 
Counties mentioned in the Duke's other Feoffment; and, after 
we had shewn to the Commissioners of those Counties, the 
Power and Orders given to us as aforesaid, we askt them if 
they could shew any Cause why we should not proceed to act 
and do there, as we had done at Newcastle? And, finding no 
manner of Obstruction, we made, then and there, in the Duke's 
Name, the same Manner and Form of Delivery, as we had done 
at Newcastle ; Which acting of us, was fully accepted and well 
approved of, by Anthony Brockholl, then Commander in chief, 
and his Council, at New York, as appears by their Declaration 
dated 21 November 1682. From which Jurisdiction we had our 
Dependance, all along, ever since the Conquest, until we had 
made the above related Delivery to Mr. Penn, by Virtue of the 
Duke's Orders and Commands. Newcastle Records, No. 11. 
Fol. 94. 

Nov. 21. 

From the Sussex Records, the Return made by John Vines 
Sheriff, to Mr. Penn, that, in obedience to his Warrant of the 
8th Instant, he did summon all the Freeholders, and that they, 
with a general Vote, did elect and choose Edward Southrin, 
William Clark, Alexander Draper, John Roades, Luke Wat- 
son, Nanthaniel Walker, and Cornelius Verhoof. Sussex Re- 
cords, No. 17. Fol. 19. 

Dec. 6. 

An original Paper, or Petition, signed by those particular 
seven Persons for New Deal alias Whorekill, by six more for 
St. Jones, and by five more for Newcastle, directed to the Hon- 
ourable Proprietor and Governor of Pensilvania, intitled, The 
humble Request of the Freeholders of the Three Countys of 
Newcastle, Jones, and New Deal alias Whorekill, humbly de 
siring that they may be favoured with an Act of Union, by the 
Governor and Assembly, for their Incorporation in and with 
the Province of Pensilvania, in order to their Enjoyment of all 
the Rights and Privileges of the aforesaid Province ; and that 
they might, for ever after, be esteemed and accounted as Free- 
men of the before-named Province ; This being our Desires and 
humble Request in the Assembly, we have desired the Presi- 
dent and two other Members of the Upper Counties, Part of this 
Province, to present it to your Honour ; and if we are so happy 



374 PENNSYLVANIA AND MARYLAND 

to obtain our Request, we will, for ever, acknowledge it, and 
in all Faithfulness subscribe ourselves your in all lawful Obe- 
dience. This Original Paper is proved by Patrick Baird, and 
is Pensilvania Exhibit D D. 

1682, Dec. 6. 

From the Records of Pensilvania— An Act of Assembly with 
this Title, The Laws of Pensilvania and Territories thereunto 
belonging, made by the Governor and Freemen of the Province, 
in a General Assembly held at Chester alias Upland, the 6th 
of December 1682. An Act of Union for annexing and uniting 
of the Counties of Newcastle, Jones's, and the "Whorekills alias 
New Deal, to the Province of Pensilvania. It recites the Let- 
ters Patent for Pensilvania, granted by King Charles to Mr. 
Penn, and that the Duke of York had released his Right and 
Claim to every Part of that Province to Mr. Penn, whereby he 
was become the undoubted and rightful Proprietary and Gov- 
ernor of that Province, and was thereby so recognized and ac- 
knowledged. It also recites that, as a beneficial and requisite 
Addition to the said Territory, it had pleased the Duke of York 
to grant to Mr. Penn all that Tract from 12 Miles Nothward 
of Newcastle on the River Delaware, down to the South Cape 
commonly called Cape Henlopen, and by the Proprietary and 
Governor now called Cape James, lying on the West side of 
the said River and Bay, formerly possest by the Dutch, and 
bought by them of the Natives, and first surrendered up, on 
Articles of Peace, to the Lieutenant-Governor Colonel Nicholls, 
and a second time, to Sir Edmund Andros, Lieutenant-Gov- 
ernor to the said Duke, and had been by him quietly possest 
and enjoyed ; and also the said River of Delaware, and Soil 
thereof, and all Islands therein, lately cast into three Counties, 
called Newcastle, Jones's and Whorekill alias New Deal, 
together with all Royalties, Powers and Jurisdictions thereunto 
belonging, as by two Deeds of Feoffment, dated 24th August 
1682, may appear. And for that, there must always be a People, 
before there can be a Government, and that People must be 
united and free, in order to settle and encourage them for the 
Prosperity of the Government ; and since the Inhabitants of 
that Tract, lately passed from the Duke, are not yet under the 
same Capacity with those in Pensilvania ; and, reciting the said 
Request of the Freemen of the said County, and as the Union 
of two distinct People, that are under one Government, is 
most desirable in itself, and beneficial to the Publick, and that 
it cannot be so durably maintained, to the mutual benefit of 
each other, as by making them equally Sharers in Benefits and 
Privileges. It is enacted by the Proprietary and Governor, by 



BOUNDARY QUESTION. 375 

and with the Advice and Consent of the Deputies of the Free- 
men of the said Province and Counties, in Assembly met, that 
the Counties of Newcastle, Jones's, and Whorekill alias New 
Dale, shall be, and are, annexed unto the Province of Pensil- 
vania, as of the proper Territory thereof ; and the People therein 
shall be governed by the same Laws, and enjoy the same Privi- 
leges, in all Respects, as the Inhabitants of Pensilvania do or 
shall enjoy from time to time therein. This is proved by 
Charles Brockden Deputy-Master of the Rolls, to be a true 
Copy, and is in Pensilvania Records, No. 7. Fol. 2. 

Bee. 18. 

From the New York Records, the Entry of a Letter from Cap- 
tain Brockholls to Sir John Werden. Sir, I received your's of 
the twenty fourth of August past the 4th of December : but, 
too late to assist or serve Mr. Penn in giving Possession of 
what his Royal Highness has been pleased to grant him; being 
before possest thei'eof by the Persons iinpowered in the Body of 
the Deeds, which Mr. Penn, having since been here, hath shewn 
and recorded. Am ready to obey all his Royal Highness's Com- 
mands, and serve his Interest, but fear what left of his Province 
not able to defray the Charge. I am, &c. New York Records, 
No. 11. Fol. 126. 

Dec. 21. 

From Kent County Records, Proprietary Penn's Commission, 
or Authority, under his Hand and Seal, dated at Chester, and 
directed to the Justices of the Peace for the County of Kent; 
wherein he orders and appoints them, in open Court to receive 
all Petitions from Persons wanting to take up Land amongst 
them, to grant Warrants to the Surveyor to measure the same, 
not to exceed 300 Acres to a Master of a Family, nor 100 to a 
single Person at one single Penny per Acre, or Value thereof in 
the Produce of the Countv ; which done the Surveyor to make 
his Return to the Court, and the Court make their Return into 
my Secretary's Office : all Lands formerly granted, and not taken 
up and settled within the Time limited by the Methods of your 
own Court, shall be accounted vacant Land ; all Persons, for the 
future, that shall have Grants, shall be limited to seat in a Year, 
else the Grants to be void ; Endeavour to seat the Lands by way, 
of Townships, as 3,000 Acres amongst 10 Families; if single 
Persons 1,000 among 10 of them, laid out in a long Square, 
5 or 10 of a side, and a Way, of 200 Feet broad, left between 
them, for a Highway in the Township, for the future Good 
and great Benefit of the County. Newcastle Records, No. 11. 
Fol. 28. 



376 PENNSYLVANIA AND MARYLAND 

Dec. 25. 

From Kent County Records, Proprietary Penn's Commission, 
under his Hand and Seal, dated at Chester, in the second Year 
of his Government, appointing seven Persons to be Justices 
of the Peace in the Jurisdiction of the County of Jones's, which 
my Will and Pleasure is shall, from henceforth, be called by 
The Name of Kent; the Extent whereof shall be from the South- 
side of the most Northerly main Branch of Duck-Creek North- 
wards, and Southward to the North-side of the mam Branch of 
Mispillion Creek called the Three Runs; and they, or any four 
of them, to be a Court of Judicature; This Commission to be 
of Force for one Y T ear, or till further Order. Newcastle Records, 
No. 11. Fol. 29. 

Same Day. 

Governor Penn's Letter to those Justices, exhorting them 
most pathetically, to do Justice by virtue of their Commission, 
and also telling 'em that he thinks fit that an exact Catalogue 
be returned to him, of the Names of all the People of their 
County, Masters, Mistresses, Servants, Parents, Children, also 
the Number of Acres each Freeholder has, and by whom, and 
when, granted, &c. Newcastle Records, No. 11. Fol. 30. 

Same Day. 

Proprietary Penn's Commission under his Hand and Seal 
dated at Chester, in the 2d Year of his Govenment, in like 
manner appointing seven Persons, viz. William Darvall, Luke 
Watson, Norton Claypole, John Roades, Edward Southrin. 
Robert Hart, and John Kyphaven, to be Justices of the Peace 
in the Jurisdiction of the County of the Whorekills, which he 
wills, from henceforth, shall be called by the Name of Sussex; 
the Extent whereof shall be from the main Branch of Mispillion 
Creek, called the Three Runs, Northwards, and Southwards 
to Assawament Inlett, reputed and accounted Cape Henlopen, 
which said Cape Henlopen, I will, from henceforward, have 
called by the Name of Cape James ; And you or any four of 
you to be a Court of Judicature. This Commission to be in 
Force for a Y T ear or till further Order. Sussex Records, No. 
17. Fol. 20. 

Note well. 

Mr. Penn had not been two Months in the Country, and he 
scarce foresaw the present Dispute, yet. then, nay three YVeeks 
before, in the Act of Union, he called Cape Henlopen, just 
where the ancient Maps called it, and where Lord Baltimore's 
map, and our Map, (used 50 Years afterwards in 1731, and 1732) 
called it. 



BOUNDARY QUESTION. 377 

Same Day. 

Another Entry of Proprietary Penn's Letter, sent to the Jus- 
tices of Sussex County in totidem verbis as the former. Sus- 
sex Records, No. 17. Fol. 21. 

Same Day. 

Another Entry of Proprietary Penn's Orders and Limitations 
about taking up Land in totidem verbis, as, the former sent 
to Kent County. Sussex Records, No. 17. Fol. 22. 

Same Day. 

Another Commission from Proprietary Penn, constituting 
William Clark to be Clerk of the Court of Sessions for the 
County of Sussex, and Register of the said County. Sussex 
Records, No. 17. Fol. 23. 

Dec. 26. 

From the Sussex Records, an Order, under Proprietary Penn's 
Hand and Seal, to the Justices of the Peace of the County of 
Sussex, that, before any Land be surveyed, for any other Person, 
they issue a Warrant, to the Surveyor, to lay out, for the Duke 
of York, in their County or Precincts, 10,000 Acres of Land for 
a Manor, and 10, 000 Acres for a Manor for Governor Penn ; and 
he would have the Duke's Manor lie on the North side of 
Assawarmet Inlett, as near to Cape James as may be, and 
his own Manor to be between the Bounds of Cedar-Creek and 
Mispillion-Creek, or in the most convenient Place towards the 
North side of the County. Sussex Records, No. 17. Fol. 23. 

Dec. 26. 

From the Kent Records, another like Order under Proprie- 
tary Penn's Hand and Seal, to issue a Warrant to the Surveyor 
to lay out in their County or Precincts, 10,000 Acres for a Manor 
for the Duke of York, and 10,000 Acres for a Manor for himself, 
in the best Places for sound and good Land and Water. Kent 
Records, No. 14. Fol 81. 

Jan. 9. 

From the Sussex Records, an Entry of a Declaration, signed 
and sealed by the Justices which had been appointed by Pro- 
prietary Penn, whereby they acknowledge him to be their right- 
ful Proprietor, and make a solemn Promise to discharge their 
Commission faithfully, and if they should do otherwise, then to 
suffer and undergo the same Fine or Punishment as if they 
had taken an Oath. Sussex Records, No. 17. Fol. 20. 

Jan. 16. 

At a Court held for the County of Kent under Proprietary 
Penn, the Court orders the Clerk to give out a Warrant, di- 



378 PENNSYLVANIA AND MARYLAND 

rected to the Surveyor, to lay out 10,000 Acres of Land for 
the Duke of York, on the Rich Rigge, in the Road to Chop- 
lanct, and to the Heads of the Branches of the Murther-Creek 
or where they will in any other clear Land ; it being for a 
Manor for the Duke of York, granted by a special Order from 
the Proprietary and Court for the same. And they make 
another like Order, for a Warrant to lay out 10,000 Acres for 
Proprietary Penn, at the South-side of the main Branch of 
Duck-Creek, and so towards Jones's Creek. Kent Records 
No. 14, Fol. 81. 

Same Day. 

All the Justices of Kent County, sign and seal a like Declara- 
tion of Acknowledgment of Mr. Penn's being their Proprietary, 
and a solemn Promise faithfully to execute his Commission, 
under Pain of the same Fine and Punishment as if they had 
taken an Oath. Kent Records, No. 14. Fol. 32. 

Feb. 13. 

A Deed recorded in Sussex County whereby Luke Watson of 
Sussex County, in consideration of 30Z. Sterling, conveys to Sam- 
uel Gray also of Sussex County formerly called the Whorekill, 
a Parcel of Land of 196 Acres called St. Giles's on the West-side 
of Delaware Bay, West from the Whorekills about a Mile from 
Pagan- Creek, which Piece of Land had been heretofore granted 
on 24th June 1676, by the Duke of York by his Grant under 
the Great Seal of New York, used for granting of Land ; free 
of all Incumbrances, the Rent and Services reserved to the Duke 
of York and his Assigns only excepted. Sussex Records. No. 
17. Fol. 24. 

Feb. 21. 

An Original Assignment, made by way of Endorsement upon 
the Indian Purchase which was made the 10th of July 1680, 
whereby that Purchaser, John Moll, assigns all his Right, 
Title and Interest to the therewithin mentioned, unto Proprie- 
tary Penn; Moll's own Plantation of 200 and odd Acres of Land 
in White-Clay Creek only excepted. This is proved by Patrick 
Baird and is the Pensilvania Exhibit. F F. 

35° Car. II, 1682. 

From the Chappel of the Rolls, a Copy of Letters Patent 
granted to James Duke of York his Heirs and Assigns (without 
any Recital) of. 

Mar. 22. 

All that the Town of Newcastle, otherwise called Delaware, 
and Fort therein or thereunto belonging, situate, lying and 
being between Maryland and New Jersey in America; and all 



BOUNDARY QUESTION. 379 

that Tract of Land, lying within the Compass or Circle of 12 
Miles about the said Town, situate, lying and being upon the 
River of Delaware ; and all Islands in the said River of Dela- 
ware; and the said River and Soyl thereof, lying North of the 
Southeruiost Part of the said Circle of 12 Miles about the said 
Town; and all that Tract of Land, upon Delaware River and 
Bay, beginning 12 Miles South from the said Town of Newcastle 
otherwise called Delaware, and extending South to Cape Lopin ; 
together with all the Lands. Islands, Soil, Rivers, Harbours, 
Mines, Minerals, Quarries, Woods, Marshes, Waters, Lakes, Fish- 
ings, Hawkings, Huntings. Fowlings, and all other Royalties, 
Privileges, Profits, Commodities and Hereditaments to the said 
Town, Fort, Tracts of Land, Islands and Premises, or to any or 
either of them, belonging or appertaining, with their and 
every of their Appurtenances, scituate, lying and being in 
America. . 

And all the King's Estate, Right, Title, Interest, Benefit, 
Advantage, Claim and Demand whatsoever of in or to the said 
Town, Fort, Lands or Premises, or any Part or Parcel thereof; 
and the Reversion and Reversions, Remainder and Remainders 
thereof ; together with the yearly and all other Rents, Revenues 
and Profits of the Premises, and of every Part and Parcel 
thereof. 

To hold to the said Duke of York his Heirs and Assigns for 
ever, to be held of the King his Heirs and Successors, as of the 
Manor of East Green wich in free and common Soccage, and not 
in Capite or by Knight' s-Service. 

Yielding and rendering, and the Duke of York for himself his 
Heirs and Assigns covenants and promises to yield and render, 
to his Majesty his Heirs and Assigns, yearly, four Beaver Skins, 
when demanded. 

And the Crown thereby grants to the Duke of York, his Heirs 
and Assigns, Power to govern, punish, make Laws, &c. (and 
reserves appeals to the Crown) and to appoint and revoke 
Governors, Officers, Ministers, &c. This Copy is proved from 
the Rolls by Paris, and is Rocha No. 6. 

Note. 

The Defendant cannot bring himself in his Answer to be- 
lieve that ever these lower Counties were expressly granted by 
the Crown to the Duke of York, but it is plain from the 
above that they were. But then he says, that this Grant 
was made to the Duke after his Feoffments were executed to 
Mr. Penn, and it is certain that it was,almost, not quite, seven 
Months after the Date of the Duke's Feoffments to Mr. Penn; 
and the Defendant supposes that the Duke obtained this Grant 



380 PENNSYLVANIA AND MARYLAND 

for himself, and not for Mr. Penn, and never made any subse- 
quent Conveyance to Mr. Penn after this Patent : But that is 
not to be suppos'd, nor can legally be suppos'd ; the legal ana 
the fair Presumption is, that the Duke, who, not 7 Months be- 
fore, had covenanted to procure further Assurance, did obtain 
this new express Grant of the 3 lower Counties in Perform- 
ance of his Covenants, and for the Benefit of Mr. Penn ; and, 
as this new Grant must either have been intended for the Bene- 
fit of the Duke himself, (as the Defendant insists) or of Mr. 
Penn, (as we insist) we have a Fact that will determine that 
Question : 
33° Car. II 1682, Mar. 22. 

For, we have the very Original Charter itself, under the 
Great Seal, in our Custody, ready to produce, which, if the 
Duke had intended for himself, and to defeat our Title by, he 
would have kept, and not Mr. Penn, who was, at this Time 
of passing it, and for a considerable Time longer, over in 
America. 

As to Mr. Penn' s obtaining further Assurance from the Duke, 
after this express Grant to the Duke, within the 7 Years, the 
Duke, soon after Mr. Penn's Return to England, became King, 
and afterwards abdicated, before the 7 Years expired. Besides, 
as will be observed by and by, the particular Bounds of the 
lower Counties were not settled, much less the Lines, to divide 
them from Maryland, run. 

And, had the Duke of York continued a Subject, Mr. Penn 
might have compelled him to have made further Assurance 
which being the Case The Crown, (which was never advised to 
take Advantage of defective Titles in America if Possession and 
Improvement had followed) will never, we trust, be advised to 
it, in this Case, after near 80 Years Possession, and such an Im- 
provement, and fine Colony as this settled, by one private Gen- 
tlemen, to the Ruin of his own private Fortune and Family, 
and without a Shilling Expence (in any Shape whatever) ever 
contributed by the Crown, or the Publick; by which Improve 
ment, and the great Privileges Mr. Penn granted to the Settlers, 
he has, in Effect, purchased to the King, many Thousands of new 
Subjects, being Foreigners, who have fled from Tyranny and 
Oppresson in their own native Countries, thither for an Asylum 
and Place of Refuge. And this Colony is now so finely settled, 
that it is not 2 Years ago since they furnisht the King with 895 
Men, for the Expedition against the Spanish West Indies ; afar 
greater Number than was furnisht by any other Colony in 
America. This is, doubtless, not in the present Causo, but is a 
Digression from it, however hope this short Digression may be 
excused, on so great a Part of the Plaintiff's Case. 



BOUNDARY QUESTION. 381 

And thus have we travelled thro' this very long 5th Chap- 
ter, from the new Charter granted to the Duke of York 
in 1674 down to the Time of Mr. Penn's being in full 
Possession of Pensilvania and the lower Counties, in 1682. 



Chap. VI. An Account of what past (in America) in the Years 
1683, 1684, and 1685, {exclusive of what past in England 
during those Years. ) 
1683. Apr. 23. 

From the Records in Kent County at a Court held for the 
County of Kent by Commission from William Penn, Proprietary 
and Governor of Pensilvania and Territories thereunto belong- 
ing, Captain William Markham Deputy Governor, present the 
Commissioners. The Proprietary made his Speech to the People 
and afterwards, the Deeds of these lower Parts was read, before 
the People, in open Court ; then the Laws of the Government 
read, in open Court. Kent Records No. 14. Fol. 33. 

July 26. 

From the Original Returns in the Surveyor General's Office 
in Pensilvania, a Return, signed by J. Barkstead by Order of 
William Clark, that, by Virtue of a Warrant from William 
Penn, Proprietary and Governor of the Province of Pensilvania, 
and the Territories thereunto belonging, bearing Date the 4th 
Day of May last to him directed, by William Clark, Chief Sur- 
veyor of the Counties of Sussex and Kent, Layd out, for James 
Duke of York, a Tract of Land, lying and being: on the North 
Side of Assawormenett River and Inlett, in the Territories of 
the Province of Pensilvania, in the County of Sussex, beginning 
at a Corner markt White Oak, standing in a Hommack, near 
the Mouth of the Inlett of Assawormenett, and running, from 
thence, up the River, bounded therewith, on several Courses, 1620 
Perches, &c. Layd out for 10, 000 Acres of Land. Surveyed the 
26th of July 1683, by me J. Barkstead by Order of William 
Clark. This is proved to be a Copy by Benjamin East-burn 
Esq ; Surveyor General, and is in the Exhibits from the Sur- 
veyor General's Office, No. 8. Fol. 1. 

Note. 

Proprietor Penn had ordered the laying out this Tract for 
the Duke in this very Place, so long ago as 26 December 1682, 
as has appeared in his Order to the Justices of Sussex County 
of that Date. And this very Spot comes to the Cape Henlopen 
which we insist on, and is very material to be observed. 
Sept. 17. 

An old worn out Copy of a Commission supposed to have 



382 PENNSYLVANIA AND MARYLAND 

been signed and sealed by Lord Baltimore, wherein the said 
Lord Baltimore took the Title of Proprietor of Maryland, and 
directed that Commission to his dear Cousin and Councillor 
Geo. Talbot Esq ; and appointed the said Talbot to repair,forth- 
with, to the Skoolkill at Delaware, and in Lord Baltimore's 
Name to demand of William Penn Esq; or his Deputy, all that 
Part of Land, on the West Side of the said River, that lyeth to 
the Southward of the 40th Degree Northerly Latitude, according 
to an East Line run out, from two Observations, the one taken 
on 10 June 1682, and the other the 27th of September 1682, in 
Obedience to his Majesty's Commands, exprest in a Letter of 
the 2d of April 1681 ; which Commands were, at that time, re- 
jected by the Agents of the said Penn, notwithstanding that 
(by several Letters and Writings under their Hand it may ap- 
pear) they promist a Compliance with his Majesty's Commands 
aforesaid ; and, for what you shall do herein, this shall be to 
you a sufficient Power. Pensilvania Exhibit B. B. spoke to by 
Patrick Baird. 

Sept. 24. 

Upon the same Paper, an old worn out Copy of a Demand, sup- 
posed to be signed and sealed by Geo. Talbot, wherein He, by Vir- 
tue of his Lordship's Commission, whereof he said that, which 
was there above written, was a true Copy, He the said Talbot 
did, in the Name of Lord Baltimore, demand, of Nicholas 
Moore, Deputy to William Penn Esq; all the Land, lying on 
the West Side of Delaware River, and to the Southward of the 
40th Degree of Northerly Latitude, according to a Line run East, 
from two Observations, &c. ut supra; The Land, so claimed 
by me for Lord Baltimore's use, being Part of the Province of 
Maryland, granted to his Lordship's Father by King Charles 
the 1st of sacred Memory, and now wrongfully detained by the 
said William Penn from his Lordship; And in Witness that I 
make this Demand 1 have hereunto set my Hand and Seal. 
This is also spoke to by Patrick Baird, and is the Pensilvania 
Exhibit B. B. 

Octob. 28. 

From the Original Returns in the Survevor-General's Office 
in Pennsilvania, another Return signed by J. Barkstead by 
Order of William Clark, that, by virtue of a Warrant from Pro- 
prietary Penn, dated the of May last to him directed by Wil- 
liam Clark, Chief Surveyor of the Counties of Sussex and Kent, 
laid out for the said Proprietor Perm a Tract of Land, being 
on the South Side of Rehoboth Bay, in the Territories of the 
Province of Pensilvania, and in the County of Sussex, bound- 
ing, on one side, along the Line of the Duke of York's Manor, 



BOUNDARY QUESTION. 383 

containing and laid out for 4,790 Acres of Land, survey'd the 
28th October 1683, by me J. Barkstead, by Order of William 
Clark. This is proved to be a Copy by Ben. Eastburn Esq ; 
Surveyor- General, and is in the Exhibits from the Surveyor 
General's Office, No. 8. Fol. 1. 

Octob. 31. 

Upon the same Paper with the Copy of Lord Baltimore's Com- 
mission to Colonel Talbot, and with Colonel Talbot's Demand 
made by Virtue of such Commission, is an Original Paper 
signed by Proprietor Penn, of this Date, being his Answer to 
that Demand. In which Answer Proprietor Penn, First, takes 
notice that, a long with that Demand, Lord Baltimore should 
have sent some Letter or Memorial to state his Demand. 
Secondly he objects to the Stile and Language of the Commis- 
sion. Thirdly he says that he, nor any Deputy of his, do live 
on the West side of Skuilkill. Fourthly he says he was absent 
at New York, when this Commissioner came, and never did, 
nor will, commissionate his Deputy to treat and conclude his 
Inheritance, without his particular Directions and Command. 
Fifthly he says that Colonel Talbot is directed in the Com- 
mission to make his Demand according to a Line, which is said 
to be run in Obedience to his Majesty's Commands; and the 
King's Letter of 2 April 1681, expresly said that the Lord Bal- 
timore or his Agent should, together with Mr. Perm's Agent, 
agree the Latitude and then run the Line and bound the Pro- 
vinces; which (says Mr. Penn) is not yet done; for, those Ob- 
servations, and the Line run by them, are performed by Lord 
Baltimore and his Agents only, and therefore, not according 
either to the King's Commands, or to common Equity, for Mr. 
Psnn said He knew nothing of them. Sixthly, To pretend (as 
the Commission does) that Mr. Penn's Commissioners refused to 
comply with the said Letter is hard for him to do, for Lord Balti- 
more would have had them agreed to have taken an Observation 
upon the River Delaware, whereas the King's Letter (stating 
Mr. Penn's Bounds as they are exprest in his Patent) begins 12 
Miles above Newcastle, upon the West side of Delaware River, 
so to run to the three and fortieth Degree of Northern Latitude 
upon the said River; which makes it impossible that Lord 
Baltimore should come within those Limits to take an Obser- 
vation, or to run a Line, in persuanceof the King's Commands 
in the said Letter; since, taking an Observation on Delaware 
River, (which, say they, he exprest) is a plain Violation of it. 
They further say, that they never refused, but prest. taking 
an Observation according to the King's Letter, which was 
grounded on the Bounds of Mr. Penn's Patent; and when 



384 PENNSYLVANIA AND MARYLAND 

Lord Baltimore, and Mr. Perm's Agent, had agreed to meet at 
Newcastle, and to proceed according to the King's Letter, its 
true that Mr. Penn's Agent came not, and as true, that the 
Reason was, that Lord Baltimore called immediately, at Chi- 
chester alias Marcus Hook, as he went to Newcastle, and for- 
bade the Inhabitants to pay me Quit Rent, and named the 
Place by a new Name, before any Line was run, or any Obser- 
vation agreed ; which, being a declared Breach, both of the 
King's Commands, and of their Treaty, in the Opinion of Mr. 
Penn's Agent, the said Agent retused to meet next Day, about 
a Matter the Lord Baltimore had, in such a manner, already 
determined. Seventhly, But what fault soever they were in, 
Mr. Penn says that he is sure, that, before an Observation 
was agreed, or any Line was run, he came in himself, and sud- 
denly after waiting upon the Lord Baltimore, presented him 
with another Letter from the King, which he was so far from 
complying with, that he lookt upon the King as mistaken, and 
set his Patent in direct Opposition, and, to this day, would 
never hear of complying with it. Now, in Mr. Penn's Opinion, it 
was not proper to ground Lord Baltimore's Proceedings, upon a 
former Letter, in Neglect of a later Advice and Command from 
his Majesty. Nor does it look very just to make the Caution or 
Neglect of an Agent, in the Absence of his Principal, a Reason to 
proceed against his Principal when present with other Instruct- 
ions, without due Regard had to him or his Allegations. And 
Mr. Penn goes on thus, I must say, that, at Newcastle, when I 
prestthe Lord Baltimore to set in one House with his Council, 
and I would set with mine in another, that we might treat by 
written Memorials under our Hands, to prevent Mistakes, Ill- 
memory, or Ill-will, he refused, alledging he was not well. I 
then told him I would wave the Advantage, I thought I had, by 
the second Letter, and proceed to meet him at the place he de- 
sired, which was at the Head of Chesapeak Bay, and there try 
to find the 40th Degree of Northern Latitude, provided he would 
first please to set me a Gentleman's Price, so much per Mile, in 
case I should have no Part of the Bay by Latitude, that so I 
might have a Back-Port to this Province ; [Note By our present 
Agreement we have no Back-Port now into Chesapeak Bay ; 
many Miles, above that Bay. being, by the Agreement, yielded to 
Lord Baltimoi-e, in Considei-ation of the three lower Counties. ] 
This I writ according, to his Desire, and sent it after him. To 
sell he refused, but, started An Exchange of that Part of the 
Bay for the Lower Counties on the Bay of Delaware : This, I 
presume, he know I could not do. For his Royal Highness, 
had the One Half, and I did not prize the thing I desired 
at Such a rate : Soon after this meeting I understood he had 



BOUNDARY QUESTION. 385 

publisht a Proclamation, some time before, to invite Peo 
pie to plant those Parts in my Possession under the Duke; 
and that also, before any Demand had been made, or our 
Friendly Treaty ended, &c. There I left him, expecting his 
News when he came to the Head of the Bay in September, as 
I thought he promised me; but instead of that, An Observation 
is taken, a Line run, and Trees markt, without my Notice, and 
a Demand made thereupon, and all grounded on the King's 
Letter of 2 April 81, in which I find no such Direction. And 
as to the Demand itself, of all the Land on Delaware River 
to the South of the 40th Degree, He has no Warrant to run his 
Line to the River, neither by the King's Letters, nor his own 
Patent, if he peruses it well, where he will find the Bay, but no 
River of Delaware. The Land demanded, is not a Part of the 
Province of Maryland, as exprest in the Demand, for, it is of 
the Jurisdiction of Delaware alias Newcastle; which is, by sev- 
eral Acts of the Assembly of Maryland, distinguisht and dis- 
owned from being any Part of that Province. [Those old Acts 
have been all in a Lump repealed in Maryland, on 15 September 
i704, as by Maryland Statute Book, Fol. 44; but they have made 
new Acts exactly to the same Purpose, there, since, as we shall 
shew in their Order of Time.] The Lord Baltimore has no 
Land given him by Patent, but what was implanted of any but 
Savage Natives; and this West Side of the River Delaware, 
before, and at, the passing of his Patent, was actually bought, 
and possest, by a Civil and Christian State in Amity with the 
Crown of England ; and by the Treaty of Peace in 53, between 
the English and Dutch, was Part of one Article of the Treaty 
that the Dutch should enjoy those Territories in America, of 
which this was a Member ; and we know Foreign Acquisitions, of 
that Time and Kind, continued firm, after his Majesty's Res- 
toration ; for Jamaica still remains to us, and Dunkirk itself 
was not rendered, but sold. But, if Lord Baltimore had a just 
Pretence to this Ri^er, and former Possession too, which he 
never had, yet, being by the Dutch taken, and by the King 
taken from the Dutch, it becomes the Conqueror's; a Ship 
taken by the Enemy, and possest but 24 Hours., if retaken by 
the Crown is Prize, and this Place was more than 24 Years in 
the Hands of the Dutch, not demanded of them; This made the 
Duke (upon the Opinion of Councill) take out fresh Patents, 
since the last Conquest, for his Territories in America; nor is 
Lord Baltimore in the Conditon of an ordinary Subject, (in 
whose Favour something might be alledged) for he has Regalia, 
Principality, as his Style shews, and I conceive he is bound to 
keep his own Dominions, or else lose them, and if lost to a For 
25— Vol. XV. 



386 PENNSYLVANIA AND MARYLAND 

eigner, and taken by the Sovereign, the Sovereign has the Right 
another Conqueror could plead. This is the present Jus Gen- 
tium, and Law of Nations, which, in Foreign Acqussts, pre- 
vaileth ; and the King, accordingly, has granted it under his 
Great Seal to the Duke, and if there was no Truth in this, it 
was actually another's before; and Connecticut Colony might 
put in for New York, as reasonably, as Lord Baltimore can 
for Delaware; their Patent having that Part of the Dutch Ter- 
ritory within its Bounds, on the same Mistake ; which is yet 
out of Dispute, from Lord Baltimore's own Patent, that says 
New England begins where he leaves, which, being at 40 Lati- 
tude, it follows, that New York, and Part of East and West 
Jersey and Pensilvania will fall to New England; Libera nos, 
JDomine ! He concludes, that the King, by Articles of Peace 
between him and Holland, is the allowed Owner of all that Terri - 
tory once called New Nethereland.of which this is a Part ; he has 
granted it by two Patents; and this in Controversy by one, 
under the Great Seal, to the Duke of York ; and the Duke, out 
of his Regard to the Services and Losses of my deceased Father, 
has interested me in Part of the same; so that he is Lord, and 
I am Tenant; of him I hold, and to him I pay my Rent (which 
his Governor of New York has now sent for) and for him I im- 
prove, as well as myself; and, therefore, I must take leave to 
refer Lord Baltimore to the Duke, who is, doubtless, of too 
much Honour to keep any Man's Right, and of too great Resolu- 
tion to deliver up his own ; whose Example I am resolved to 
follow. W. Penn, Philadelphia, 31 October 1683. This Paper 
is spoke to by Patrick Baird, and is Pensilvania Exhibit B B. 

Feb. 13. 

At a Court held by Commission from William Penn, Proprie- 
tor and Governor of the Province of Pensilvania and Territories 
.thereunto belonging, at Lewis for the County of Sussex, the In- 
dian Assawawmack, Harmattamale, acknowledged, in open 
Court, the Sale of 1.000 Acres of Land to Mr. Alexander Moli- 
stone; which Land is on the South-side of the Indian River. 
Sussex Records, No. 17. Fol. 26. 

1684, Mar. 26. , 

From Sussex Records the Inrollment of a Patent granted by 
William Penn Esq ; as Proprietary and Governor of the Pro- 
vince of Pensilvania and Territories thereunto belonging (which 
Titles he constantly takes in his Acts, tho', being long, it is not 
always recited in this Abstract) whereby he grants in Fee, to 
William Emmitt, 400 Acres of Land in the County of Sussex, on 
the West side of Delaware Bay, and on the South side of Herring 
Ci-eek, proceeding out of the Middle Creek from Rehobotli Bay, 



BOUNDARY QUESTION. 387 

To be held of the said William Penn and his Heirs, Proprietary 
as aforesaid, as of his Manor of Worminghurst in the said 
County; yielding and paying 4 Bushels of Wheat yearly. In 
Witness whereof I have caused these my Letters to be made 
patent, witness myself at Philadelphia in the 4th Year of my 
Government. Sussex Records, No. 17. Fol. 27. 

Same Bay. 

Another like Patent from him to Richard Stevens in Fee, for 
550 Acres in the said County of Sussex, on the West side of 
Delaware Bay and on the North side of the River called the 
South River, formerly called the Indian River, rendering 5 
Bushel and i of Wheat yearly. Sussex Records, No. 17. Fol. 
28. 

Apr. 18. 

A Return of a Survey, made by J. Barkstead, by Order of 
William Clarke, by vertue of a Warrant from Sussex Court, 
directed to the said William Clarke Chief Surveyor, for Andrew 
Depree and John Barker, of a Tract of Land called Faire fields, 
on the South side of the Indian River, in the County of Sussex 
and Territories of the Province, adjoining to the Land of 
Thomas Hall, beginning, &c. containing and laid out for 645 
Acres. Surveyor General's Office, No. 8. Fol. 2. 

Same Bay. 

Another like Return of a Survey, made by Do, by order of Do, 
by vertue of a Warrant from said Court, for John Okey, of 
Land called Mullatto Hall, on the South side of Indian River 
in the County of Sussex and Territories of the Province of Pen - 
silvania, beginning, &c. &c. containing and laid out for 801' 
Acres. Surveyor General's Office, No. 8. Fol. '6. 

Apr. 19. 

Another like Return of a Survey, made by Do, by Order of 
Do, by vertue of a Warrant from said Court, for John Croper, 
of Land called the Lady's Delight, on the South side of the 
Indian River, in the County of Sussex and in the Territories 
of the Province of Pensilvania, adjoining to the Lands of John 
Okey and John Barker, beginning, &c. containing and laid out 
for 1,000 Acres. Surveyor General's Office, No. 8. Fol. 2. 

1684, May 12. 

Another like Return of a Survey, made by Do, by Order of 
Do, by vertue of a Warrant from said Court, for John Vines, 
of a Tract of Land called Barkin, on the South side of the In- 
dian River in the County of Sussex in the Territories of the 
Province of Pensilvania, on the South -East side of the first 
Fork of the said River called South- West Branch, beginning- 



388 PENNSYLVANIA AND MARYLAND 

&c. containing and laid out for 500 Acres. Surveyor General's 
Office, No. 8. Fol. 4. \ 

Same Day. 

Another like Return of a Survey, made by Do, by order of 
Do, by order of a Warrant of said Court, for John Kipshaven 
of a Tract of Land called Nonsuch, on the South side of the 
Indian River, in the County of Sussex and in the Territories of 
the Province of Pensilvania, adjoining to the Land of John 
Okey, beginning, &c. containing and laid out for 500 Acres. 
Surveyor General's Office, No. 8. Fol. 3. 

May 13. 

Another like Return of a Survey, made by Do, by Order of 
Do, by vertue of a Warrant from said Court, for Alexander 
Maulstone, of a Tract called Cattle's Delight, on the South 
side of the Indian River, in the County of Sussex in the Ter- 
ritories of the Province of Pensilvania, adjoining to the Land 
of John Kipshaven, beginning, &c. containing and laid out for 
1,000 Acres. Surveyor General's Office, No. 8. Fol. 49. 

Note well. 

These 8 very early Surveys, for the Duke of York, Mr. Penn 
himself, Andrew Depree and John Barker, for Johu Okey, 
for John Croper, for John Vines, for John Kipshaven, and 
for Alexander Maulstone, all on the South side of Indian River, 
and even down to Assawarmett, are very material to fix our 
Cape Hinlopen. 

June 1. 

Besides the foregoing Return made by Barkstead the Deputy 
Surveyor, there is, at the Foot of the Return for the Duke of 
York's Manor, the following additional Return, from William 
CJlarke the Chief Surveyor, viz. I hereby certify into the Pro- 
prietary's Secretary's Office, that I have caused to be surveyed 
and laid out, unto James Duke of York, the Land above men- 
tioned, and is accordingly entered and recorded in my Office. 
Given under my Hand at Lewis 1 June 1684. William Clarke 
Chief Surveyor of the Counties of Sussex and Kent. Surveyor 
General's Office, No. 8. Fol. 1. 

Same Bay. 

The like additional Return from the Surveyor General for 
Mr. Penn's own Tract. Surveyor General's Office, No. 8. Fol. 

1. 

July 10. 

The like additional Return ior Andrew Depree and John 
Barker's Tract. Surveyor General's Office, No. 8. Fol, 2. 



BOUNDARY QUESTION. 38y 

Same Day. 

The like tor John Okey's. Surveyor General's Office, No. 
8. Fol. 3. 

Same Day. 

The like for John Croper. Surveyor General's Office, No. 8. 
Fol. 2. 

Same Day. 

The like for John Vines. Surveyor General's Office, No. 8. 
Fol. 4. 

Same Day. 

The like for Alexander Maulstone. Surveyor General's Office, 
No. 8. Fol. 4. 

Nov. 2. 

From Sussex County., the Enrollment of a Patent granted by 
Thomas Loyd, James Claypole, and Robert Turner, Commis- 
sioners appointed under the Great Seal by William Penn Pro- 
prietary and Governor, &c. to grant and sign Warrants and 
Patents for Land ; granting in Fee unto John Croper his said 
particular Parcel of Land, containing 1000 Acres called Lady's 
Delight, so surveyed and returned as aforesaid, rendering 
Rent to the said Proprietary and his Heirs one Bushel of 
Wheat for each hundred Acres. Sussex Records, iNo. 17. Fol. 29. 

Feb, 1. 

The like additional Return from the Chief Surveyor for John 
Kipshaven's above mentioned 500 Acres. Surveyor General's 
Office, No. 8. Fol. 3. 

Along with the 8 Surveys below Indian River, mentioned in 
this Chapter, are returned Maps or Plans how those several Per- 
sons Lands lay : But they are, more sensibly, denoted and marked 
in the General Map of Pensilvania herein after mentioned, 
which is (as well as these particular Maps) proved in the Cause, 
and shew the material Scituation of these Tracts, so early 
granted out by Mr. Penn. But these particular Maps or Plans 
are in Records from the Surveyor General's Office, No. 8. 

1685, Octo. 2. 

From the Records in the Master of the Rolls Office in Pensil- 
vania, the Copy of the following Indian Deed ; whereby Lare, 
Packenah, Jareckham. Sickais, Pettquessit, Towis, Esse- 
penaick, Petkhoy, Kekelapan, Ecomus, Machaloha, Methconga, 
Wissa, Powey, Indian Kings, Sachemakers, right Owners of 
all the Lands from Quing Quingus Creek, called Duck Creek, 
unto Upland, called Chester Creek, all along by the West-side 
of Delaware River, and so, between the said Creeks, backward, 



890 PENNSYLVANIA AND MARYLAND 

as far as a Man can ride in two Days with a Horse, for and in 
Consideration of the there following Goods, to them in hand 
paid and secured to be paid by William Penn Proprietary and 
Governor of the Province of Pensilvania and Territories' thereof, 
do bargain and sell to the said William Penn his Heirs and 
Assigns for ever, the aforesaid Tract of Land with all the Woods, 
Runs, Creeks and Appurtenances to the same belonging. To 
be held, used, possest and enjoyed by the said William Penn 
his Heirs and Assigns for ever, without any Molestation 
by them or any other Indians. Witness their Hands and Seals, 
with 13 Labels and Seals and Mark thereto, and witnessed by 
9 Christian Witnesses and 5 Indian Witnesses. This Copy from 
the Records is proved by Mr. Brokden, Deputy Master of the 
Rolls in Pensilvania, and is in Pensilvania Records, No. 7. 
Fol. 3. 

And now we shall go back again to see what was transacted 
in England during these three Years, which would have been 
very obscure if interinixt with the America Proceedings. 



Chap. VII. An Account of what past (in England) in the 
Years 1683, 1684, and 1685, being the first Contest or Suit 
between Lord Baltimore and Mr. Penn, viz. 

Note. 

In April 1683, the Duke of York was obtaining a further 
Grant, from the King to himself, of the three lower Counties, 
in a more ample manner than that which he had before ; and 
it was very near passing, if it did not actually pass, the Great 
Seal; but we can't find an Enrollment of it, to shew thereby 
that it did actually pass the Great Seal. 

And indeed the Defendant has proved a Copy of this intended 
Patent, from the Bill remaining at the Signet Office, and an 
Entry made relating to it at the Privy Seal Office ; and has also 
examined Mr. Sharp's Clerk, Hamersley, to prove that he cannot 
find that Patent enrolled, at the Chappel of the Rolls, as it 
ought to have been, had it passed the Great Seal; 

As the Defendant has proved it, we design to move for Leave 
to examine a Witness viva voce to prove Copies, on our, part, 
at the Hearing, because, altho' it niight not pass, yet, it con- 
tains such a Description of the South Bounds of the lower 
Counties as is extremely material for us. 

1683, Apr. 13. 

A Bill signed by Sir R. Sawyer and now remaining at the 
Signet Office, containing the King's Grant to the Duke of York, 
in Fee; which recites that the Duke of York had surrendered 



BOUNDARY QUESTION. 391 

to the King the Letters Patent dated 22d March last, which 
Surrender his Majesty had accepted and thereby did accept. 
Therefore the King, of his especial Grace, &c. Grants unto the 
Duke of Y'ork, in Pee. 

All that the Town of Newcastle.' otherwise called Delaware, 
and Fort therein, or thereunto belonging, scituate, lying and 
being between Maryland and New Jersey in America, And all 
that River called Delaware, and Soil thereof, and all Islands in 
the said River. 

And all that Tract of land, upon the West side and River of 
Delaware which lieth from Skoolkil Creek, upon the said River, 
unto Bombeys-hook, and, backwards, into the Woods, so far 
as the Minqua's Country. 

And, from Bombeys-hook, on the said River and Bay, unto 
Cape Henlopen, now called Cape James, being the South Point 
of A Sea Warmett Inlett; and backwards, into the Woods, 
three Indian Days Journies : Being formerly the Claim or 
Possession of the Dutch, or purchased by them of the Natives, 
or which was by them first surrendered unto our Lieutenant 
Governor Colonel Nicholls, and which hath since, been sux- 
rendered unto Sir Edmund Andros, Lieutenant Governor to 
our said dearest Brother James Duke of York, and hath for 
several Years been in his Possession. 

With the general Words following, and Powers of Govern- 
ment, &c. This is Exhibit Signet Office. 

Apr. 16. 

An Endorsement upon the Bill thus, viz. Expediture apud 
Westmonaster, 16 die Aprilis anno regni Regis Caroli Secundi 
tricesimo quinto. Per Morice. 
Apr. 16. 

An Entry or Docket in the Books at the Signet Office, and 
at the Privy Seal Office of the said Bill. These are also Exhi- 
bits markt Signet Office, and Privy Seal Office. 

Apr. 16. 

Another Entry in the books at the Hanaper Office, viz. A 
Grant to James Duke of York of the Town of Newcastle alias 
Delaware scituate between Maryland and New Jersey in 
America, to him and his Heirs. At the Foot of which Entry 
the Clerk of the Hanaper certifies that that Grant did pass the 
Great Seal. (For they are not entered there unless they pass) — 
Han. Off. 
Note. 

Three things arise upon this intended Patent, even if it did 
not pass. 1. If this Patent did not pass, neither did the Duke 
of York's Surrender of his former Patent pass. 2. Please to re- 



392 PENNSYLVANIA AND MARYLAND 

mark well where the South Bounds of the three Lower Counties 
were then expressly described to be. And 3. Tho' the Suit and 
Contest, then beginning, lasted three Years, and my Lord Bal- 
timore insisted that the whole Counties were within the Extent 
and Limits of his Grant of Maryland ; yet, when that was flatly 
adjudged against him, and when the Proposal was made, for 
ending the Difference, and he had time allowed him to consider 
of, and make any Objections to, the Terms, he never pretended 
then that those South Bounds went at all too low, or ever ob- 
jected to them then ; which is the more material as the South 
Bounds of the lower Counties, taken by the present Agreement, 
are most precisely and exactly, what was then designed for the 
South Bounds thereof, if that Patent. had passed in 1683. 

Apr. 17. 

Tuesday. April 17th 1683. Present Lord Keeper, Lord Presi- 
dent, Lord Privy Seal, Earl of Craven, Lord Viscount Faucon- 
berg, Earl of Rochester, Bishop of London, Mr. Secretary Jen- 
kins. My Lord Privy Seal produces a Letter, to himself, from 
the Lord Baltimore, dated the 8th of February 1682, with two 
other Papers inclosed, the one being an Account of the Confer- 
ence held in Maryland, between the Lord Baltimore and Wil- 
liam Penn, and the other containing a Narrative of the whole 
Proceedings, betwixt them; whereby it appears, that great 
Contests have arisen between them, concerning the Bounds 
of their Provinces; it being also alledged therein, that Mr. Penn 
las written a Letter, dated the 16th of September 1681, which 
vas directed to James Frisby and others, at their Plantations 
n Pensilvania, which the Lord Baltimore does assert to be 
within the Bounds of his Propriety, wherein Mr. Penn does, 
nevertheless, advise them, that, as he was confident and ready 
to believe, they were within his Bounds, they should not pay 
any more Taxes or Sessments, by any Order or Law of Maryland ; 
Whereupon the Inhabitants of Baltimore and Cecil County, 
having refused to pay their Levys, the Lord Baltimore and his 
Council had immediately issued out Orders to the Military 
Officers of those Counties, to assist their respective Sheriffs in 
the due Execution of their Office, which had been, with great 
Difficulty, effected ; Whereupon, it is ordered, that my Lord 
Keeper have a View of the several Boundaries of the Patents 
granted to the Lord Baltimore and Mr. Penn, as also to his 
Royal Highness, of Newcastle, which his Lordship is desired 
to consider of, and to report his Opinion to the next Commit- 
tee ; when the Agents of the Lord Baltimore and Mr, Penn are 
to attend; and in the mean time, that Application be made to 
his Royal Highness, that he would please not to pass any Con- 
veyance to Mr. Penn of those Parts, until the Bounds between 



BOUNDARY QUESTION. 393 

the Lord Baltimore and him be settled. Memorandum. Sir 
John Werden was accordingly attended, from the Committee, 
and promised to represent their Desires to his Royal Highness. 
It is also agreed, by the Committee, that Letters be written to 
the Lord Baltimore and Mr. Penn, advising them to come to 
a fair and speedy Composure of the Matters in Difference 
betwixt them. This is proved by Mr. Gellibrand, and is Exhi- 
bit Botra No. 22. Fol. 1. 

Note. 

This shews the Reason why the then passing Grant, to the 
Duke, was stopt. It also shews why the Duke did not make a 
formal Conveyance to Mr. Penn. For Lord Baltimore's Com- 
plaint and Claim of Right, which came over hither first of all 
by his Letters, and was, afterwards, turned into a Petition, 
wherein he claimed the whole three lower Counties, put a stop 
to any further Grant from the King to the Duke, and also from 
the Duke to Mr. Penn, until such time as that the Lord Balti- 
more's Claim should be examined into. 

Api\ 27. 

Friday, April the 27th 1683. Present Lord Keeper, Lord Presi- 
dent, Duke of Ormond, Earl of Clai-endon, Lord Chamberlain, 
Earl of Rochester, Earl of Sunderland, Earl of Chesterfield, 
Earl of Craven, Mr. Secretray Jenkins, Mi'. Chancellor of the 
Exchequer. Their Lordships being acquainted that an Agent 
from the Lord Baltimore attended without, concerning the 
Boundaries in Difference between Mr. Penn and his Lordship, 
it is ordered, that the said Agent be told, that if he has any 
Matter of Complaint, he may represent the same, by Petition, 
to his Majesty in Council. This is proved by Mr. Gellibrand, 
and is Exhibit Botra No. 22. Fol. 4. 

May 30. 

Thursday, May the 30th 1683. Present Lord Keeper, Lord 
President, Lord Privy Seal, Earl of Peterborough, Earl of 
Craven, Earl of Clarendon, Earl of Rochester, Lord Dartmouth 
Mr. Secretary Jenkins. A Reference, dated the 31st May, upon 
the Petition of Richard Burke, Servant to my Lord Baltimore, 
being read, praying that a Grant, which is passing to his Royal 
Highness, of the Parts adjacent to Delaware Bay,may not p?" : 
the Great Seal, until his Majesty shall be satisfied concerning 
the extent of Lands granted to the Lord Baltimore, Council 
learned in behalf of his Royal Highness, together with an 
Agent from Mr. Penn, who solicits the passing of this Grant, 
as also the Petitioner Mr. Burke, and his Council learned, are 
called in: Whereupon the Council for my Lord Baltimore 
affirming, that the Tract of Land in Question lies within 



394 PENNSYLVANIA AND MARYLAND 

the Limits of the Charter granted to the Lord Baltimore, and 
that his Lordship has, always, continued his Claim thereunto, 
Mr. Penn's Agent, and the Council in behalf of his Royal 
Highness, endeavoured to make out, that this Territory was 
never possessed by my Lord Baltimore, but originally inhabited 
by Dutch and Swedes, and that the Grant to my Lord Balti- 
more was only of Lands not inhabited by Christians; so that, 
a Surrender having been made of the Country to his Majesty 
in 1664, the Lord Baltimore can have no rightful Claim there- 
unto ; and that it having been, ever since, in the Possession of 
his Royal Highness, the Lord Baltimore can receive no Injury 
by the Grant that is desired. Upon the whole Matter, Mr. 
Penn's Agent undertaking to prove, within a short time, that 
this Country was possessed by the Dutch and Swedes in the 
Year 1609, or at least, before the Date of the Lord Baltimore's 
Patent, their Lordships agreed to meet again, as soon as the 
Proofs shall be ready for making out the same. This is proved 
by Mr. Gellibrand, and is Exhibit Botra, No. 22. Fol. 5. 

May 31. 

At the Court at Hampton-Court the 31st of May 1683. By 
the King's Most Excellent Majesty, and the Lords of his Majesty 's 
most Honourable Privy Council. Upon reading this Day at 
the Board the Humble Petition of Richard Burke Gent. Ser- 
vant to the Right Honourable Charles Lord Baltimore, pray- 
ing, in behalf of his Lordship, that a Grant (which is passing) 
from his Majesty to his Royal Highness the Duke of York, of 
the Town of Newcastle, and the adjacent Country, on the 
Confines of Maryland may not pass the Great Seal, until his 
Majesty shall be satisfied of the Extent of Letters Patent for- 
merly granted to Cecill Lord Baltimore, wherein the said Town 
and adjacent Country is alledged to be comprized. His Majesty 
in Council was pleased to order, that the Examination of that 
whole Matter be, and it is hereby, referred to the Right Hon- 
ourable the Lords Committees of this Board, for Trade and 
Foreign Plantations, and, upon their Lordships Report of the 
State thereof, with their Opinion thereupon, his Majesty will 
declare his further Pleasure. Sign'd Phil. Loyd. This is proved 
by Mr. Gellibrand and is Exhibit Botra, No. 21. Fol. 1. 

1683. June 12. 

Tuesday the 12th of June 1683. Present Lord Archbishop of 
Canterbury, Lord Keeper, Lord President, Lord Privy Seal, Earl 
of Rochester, Earl of Craven, Lord Bishop of London, Lord 
Dartmouth, Mr. Chancellor of the Exchequer, Mr. Godolphin. 
The Agents on behalf of the Lord Baltimore and Mr. Penn are 
called in, and Council learned being heard on both sides, the 



BOUNDARY QUESTION. 395 

Question is stated between them, viz. Whether, in the Year 
1632, the Dutch were possessed of the Lands claimed by Mr. 
Penn; which Mr. Penn's Agent undertakes to prove, in a short 
time, and their Lordships will then take this Matter into fur- 
ther Consideration. This is Exhibit Botra, No. 22. Pol. 7. 

Aug. 14. 

A Letter from Mr. Penn to the Right Honourable the Lords 
of the Committee for His Majesty's Plantations at Whitehall. 
Philadelphia the 14th of the 6 month, Aug. 1683. Tho' it be 
a Duty I humbly own, to inform the Lords of the Committee 
of Plantations of what concerns his Majesty's interest in the 
Success of this Province, I thought myself equally obliged to be 
discreet and cautious in doing it : To write when there was need, 
and not trouble Persons, of their Honour and Business, with 
Things trivial, at least raw and unfinisht for their View. This, 
hitherto, put me by, giving any Account of the State of our Af- 
fairs ; To say nothing of the mighty Difficulties I have laboured 
under, in the Settlement of six and twenty Sail of People, to 
Content, within the Space of one Year, which makes my Case 
singular, and excusable above any other of the King's Planta- 
tions. But, because my Agent has informed me, that the Pro- 
prietor of Maryland, has been early in his account of our 
Conference, about the fixing of our Bounds, and made a Nar- 
rative of my Affairs, as well before, as at that Time, a little 
to my Disadvantage, and the rather, because my Silence might 
be interpreted Neglect, I am necessitated to make some De- 
fence for myself, which, as it will not be hard to make, so I 
hope it will be received as just. I humbly say then first, 
that it seemed to me improper to trouble the Lords with my 
Transactions with this Proprietor, till we were come to some 
Result; which we were not, for we parted till Spring, and 
even then, were but to meet about the Methods of our Proceed- 
ing. Next, this Narrative was taken, by this Lord's Order, with- 
out my Consent or Knowledge, in a Corner of a Room, by one 
of his own Attendants. And lastly when, upon Notice given 
of this Usage, I complained to him, he promised, upon his 
Word and Honour it should go no further, and that it was for 
his own Satisfaction he did it. I told him, that mitigated the 
Thing a little ; but, if he should divulge it, before I saw and 
agreed the Copy, he must pardon me if I lookt upon it as a 
most unfair Practice ; what that Lord has done, and what to 
call it, I leave to my Betters, but the Surprize and Indigestion 
of the whole, will I hope excuse me of Neglect or Disrespect; 
for tho' I am inceremonious, I would by no means act the rude 
or undutiful. This said, I humbly beg that I may give a brief 



398 PENNSYLVANIA AND MARYLAND 

Narrative of the Matter, as it then past, since has been, and 
now stands, without the Weakness and Tautology his Rela- 
tion makes me guilty of. 

So soon as I arrived, which was on the 24th of October last, I 
immediately dispatcht two Persons to the Lord Baltimore, 
Proprietary of Maryland, with my Respect, to ask of his Health, 
offer kind Neighbourhood, and agree a Time of meeting, the 
better to establish it. While they were gone in this Errand, 
I went to New-York, that I might pay my Duty to the Duke, 
in the Visit of his Government and Colony ; at my Return, 
which was towards the End of November, I found the Mes- 
sengers I had sent to Maryland newly arrived, and the Time 
fixed being the 19th of December, I prepared myself, in a few 
Days, for that Province ; the 11th of that Month, I came to 
West River, where I met the Proprietor, attended, suitable to 
his Character; who took that Occasion, by his Civilities, to 
shew me the greatness of his Power; the next Day, We had a 
Conference, about our Business of the Bounds, both at the 
same Table, with our respective Members of Council. The first, 
Thing I did, was, to present the King's Letter, which consisted 
of two Parts, one, that the Lord Baltimore had but two De- 
grees, and the other, that, beginning at Watkins's Point, he 
should admeasure his said Degrees, at 60 Miles to a Degree. 
This, being read by him, first privately, then publickly, he told 
me that the King was greatly mistaken, and that he would not 
leave his Patent to follow the King's Letter, nor could a Letter 
void his Patent, and by that he would stand. This was the 
Substance of what he said from first to last, during the whole 
Conference. To this I ansAvered, that the King might be mis- 
informed, rather than mistaken, and that I was afraid the Mis- 
take would fall of his Side; for, though his Patent begins at 
Watkins's Point, and goes to the 40th Degree of North Latitude, 
yet, it presumed that to lie in thirty-eight, else Virginia would 
be wronged, that should extend to that Degree ; however, this 
I assured him, that when I petitioned the King for five Degrees 
North Latitude, and that Petition was referred to the Lords 
nf the Committee of Plantations, at that time, it was urged 
by some present, iha.t the Lord Baltimore had but two Degrees, 
upon wnicli the Lord President turning his Head to me, at 
whose Chair I stood, said, Mr. Penn, wall not three Degrees 
serve your turn? I answered, I submit both the what, and how, 
to the Honourable Board. To this, his Uncle and Chancellor 
returned, that, to convince me, his Father's Grant was not by 
Degi-ees, he had more of Virginia given him, but, being planted, 
and the Grant intending czily Land to - Vn^ •'" *» ^ossest but 
of Savages, Natives, he left it out, that it might not luifoit 



BOUNDARY QUESTION. S97 

the rest, of which the Lord Baltimore takes no notice in his 
Narrative, that I remember; but, by that Answer, he can pre- 
tend nothing to Delaware, that was, at and before, the passing 
of that Patent, bought and planted by the Dutch, and so could 
not be given; but, if it were, it was forfeited, for not reducing 
it during twenty Years, under the English Sovereignty, of which 
he held it; but was at last reduced by the King, and therefore, 
his to give as he please it. Pei*ceiving that my pressing the 
King's Letter, was uneasy, and that I had determined myself 
to dispose him, with utmost Softness, to a good Compliance. 
I waved that of the two Degrees, and prest the measurement 
only, the next Part of the Letter; for, tho' it were two Degrees 
and half from Watkins's Point to Forty, yet let it be measured 
at 60 Miles to a Degree, and I would begin at Forty, fall as it 
would, my Design was, that every Degree, being seventy Miles, 
I should get all that was over sixty, the Proportion intended 
the Lord Baltimore by the Grant, and the Computation of a 
Degree at that time of the day. Thus, he had enjoyed the full 
Favour intended him, and I had gained a Door, of great Im- 
portance to the peopling and improving of this his Majesty's 
Province : But this, he also rejected ; I told him, it was not 
the Love, or Need, of the Land, but the Water ; that he 
abounded in what I wanted, and had Access and Harbourage 
even to Excess; that I would not be thus importunate, but for 
the Importance of the Thing, to save a Province ; and, because 
there was no Proportion in the Concern, if I were hundred 
times more urgent and tenacious, the Case would excuse it; 
because the Thing is insisted on, were more than ninety-nine 
times valuable to me, than to him : To me the Head, to him 
the Tail. I added, that if it were his, and he gave it me, 
planting it would recompence the Favour, not only by laying 
his Country between two thriving Provinces, but the Ships that 
come yearly to Maryland for Tobacco, would have the bringing 
of both our People and Merchandize, because they can afford it 
cheaper, whereby Maryland would, for one Age or two, be the 
Mart of Trade: but this, also, had no other Entertainment, but 
hopes that I would not insist on these Things at our next Meet- 
ing. After three Days time we parted, and I returned to this 
Province. When the Spring came, I sent an Express, to pray 
the time and Place when and where I should meet him, to effect 
the Business we adjourned to that Time. I followed close upon 
the Messenger, that no Time might be lost; but the Expecta- 
tion he twice had, of the Lord Culpepper's Visit, disappointed 
any Meeting in our Affair, till the Month called May. He, 
then, sent three Gentlemen, to let me know he would meet me 
at the Head of the Bay of Ghesopeake. I was then in Treaty 



398 PENNSYLVANIA AND MARYLAND 

with the King of the Natives, for Land, but, three Days after, 
we met, ten Miles from Newcastle, which is thirty from the 
Bay ; I invited him to the Town, where, having entertained 
him as well as the Town could afford on so little Notice, and 
finding him only desirous of speaking with me privately, I 
prest that we might, at our distinct Lodgings, sett severally, 
with our Councils, and treat by way of written Memorials, which 
would prevent the Mistakes or Abuses that may follow from 
ill Designs, or ill Memory; but he avoided it, saying he was not 
well, the Weather sultry and would return with wlmt Speed he 
could; reserving any other Treaty to another Season. Thus we 
parted, at that time. I had been, before, told by divers, that 
the Lord Baltimore had issued forth a Proclamation, to invite 
People, by lower Prices, and greater Quantities of Land, to 
plant in the Lower Counties, in which the Duke's Goodness 
had interested me as an inseparable Benefit to this whole Pro- 
vinse; I wa's not willing to believe it; and he, being in haste, 
I omitted to ask him ; but I had not been long returned, before 
two Letters comes from two Judges of the two County Courts, 
that such a Proclamation was abroad, that the People adhorr'd 
to hearken to it, but yet, prayed my Directions. I bid them 
keep their ground, and not fear, for the King would be Judge. 
Upon this, I dispatcht. to the Lord Baltimore, three of my . 
Council, with the Clerk of it: as they went, they got an Au- 
thentick Copy, under the Hand of one of his Sheriffs, to whom 
an Original had been directed ; but, as the last Civility I could 
yield him, I forbid them to seem to believe any thing, but what 
they had from his own Mouth : Thus, they delivered my Letter; 
at first, he denied any such Proclamation, turning to two Gen- 
tlemen of his Council that stood by, asked them, if they remem- 
bered any such thing? They also denied it; upon which, the 
Persons I sent, produced the attested Copy, which, refreshing 
their Memories, they confessed there was such a Proclamation, 
but the Lord Baltimore told them, that it was his ancient form, 
and he only did it to renew his Claim, not that he would en- 
courage any to plant there. They then prayed him to call it 
in, lest any trouble should ensue, but he refused it. This was, 
during a Civil Treaty, without any Demand made, and after 
the Place had been, for many years, in the quiet Possession of 
the Duke. What to call this, I still humbly refer to my su- 
periors; for his Pretentions to those Parts, I have thoroughly 
instructed my Agent, who I hope will be able to detect them 
of Weakness and Inconsistency. This is a true, tho' brief, Nar- 
rative of the Entertainment I have had from that Lord, in the 
Business between us. And because I have, as in Duty bound, 
sent an Agent Extraordinary, to wait upon the King and his 



BOUNDARY QUESTION. 399 

Ministers, in the Affairs of this Province, (so soon as I Could 
make any Settlement in it) I shall only humbly pray leave to 
hint at two or three Things, relating to the Business depending 
between this Lord and myself, about finding the Fortieth Degree 
of North Latitude. 1st. That I have common Fame on my side. 
grounded upon an ancient and constant Judgment, that the 
fortieth Degree of North Latitude lieth about Pool's Isle; this 
the Lord Baltimore himsef hatn not denied, the Country con- 
fesseth, and I shall, when required, prove by some able Masters 
of Ships. 2d. If this were an Error, it is grounded upon such 
Skill and Instruments as gave measures to the Times in which 
his Patent was granted; and if he hath got upon Virginia, 
by that Error, he should not get upon me, by an exacter Know- 
ledge; considering that Carolina, which endeth by Degrees, 
would as much advance upon Virginia, if the reputed Latitude 
of unprejudiced Times should take no place ; for, by advancing 
her Bounds twenty Miles, by a new Instrument, beyond the 
Place which hath generally been taken for 36J ; and Virginia 
not being equally able to advance, upon Maryland, (because 
of it's beginning at a Place certain) she will be greatly narrowed 
between both. 3dly. I, therefore, most humbly pray, that 
the Judgment of Ancient Times, by which Persons, at the Dis- 
tance of England from America, have governed themselves, 
may conclude that Lord's Bounds; or, that he may measure 
his two Degrees according to the Scale and Computation of 
those Times, which was sixty Miles to a Degreee; or, if it be 
allowed that he had not his Grant by Degrees, that, at least, 
I might not lose the Benefit of Admeasurement, as before men- 
tioned, from Watkin's Point (in whatsoever Degree of Latitude 
that shall be found) to the fortieth Degree of North Latitude ; 
which I humbly take the more courage to press, because a Pro- 
vince lieth at stake in the Success of it. I have only humbly to 
add that the Province hath a Prospect of an extraordinary Im- 
provement, as well by divers Sorts of Strangers, as English Sub- 
jects; that, in all Acts of Justice, we name and venerate the 
King's Authority; I have exactly followed the Bishop of Lon- 
don's Council, by buying, and not taking away, the Natives 
Land, with whom I have settled a very kind Correspondence. I 
return my most humble Thanks for your former favours in the 
passing of my Patent, and pray God reward you. I am most 
ready to obey all your Commands, according to the Obligations 
of it, and beseech you to take this Province into your Protection 
under his Majesty, and him, whom his Goodness hath made 
Governor of it, into your Favour ; for that I am, with most 
sincere Devotion, Noble Lords, your thankful faithful Friend 
and Servant to my Power (sign'd) William Penn. This is 
proved by Mr. Gellibrand, and is Exhibit Botra, No. 20. 



400 PENNSYLVANIA AND MARYLAND 

Feb. 12. 

Memorandum concerning Pensilvania, received and read lath 
February 168|. A certain Tract of Land, in America, having 
been surrendered, long since, by the Dutch to the Kins:, and, ever 
since, in the Possession of his Royal Highness ; His Royal High- 
ness having demised it to William Penn Esq ; (lying contigouus 
to Pensilavnia) at a Rent ; the Lord Baltimore now disturbs Wil- 
liam Penn, and his Agents there, and opposes tlie passing of a 
Patent of it to his Royal Highness here. And, upon a Hearing 
before the Lords of the Committee of Plantations, it being al- 
leged in the behalf of his Royal Highness, that this Tract of 
Land was inhabited by Christians, before the Lord Baltimore's 
Patent, which extended only to Land uninhabited by Christians, 
it was ordered that they should be ready with Proofs to that 
Point. It is now desired, in the behalf of his Royal Highness a 
Day may be appointed to be heard to it. This is proved by Mr. 
Gellibrand, and is Exhibit Botra, No. 21. Fol. 2. 

Feb. 12. 

Tuesday 12th February 168|. Present Lord Keeper, Earl of 
Bridgewater, Earl of Clarendon, Mr. Secretary Jenkins. Upon 
reading a Paper, delivered by the Agent of Mr. Penn, Proprie- 
tor of Pensilvania, wherein it is desired, that a Day may be ap- 
pointed to hear the Difference between the Lord Baltimore and 
the said William Penn, touching a certain Tract of Land in 
America,* now in the Possession of his Royal Highness. Their 
Lordships take notice of a Letter, lately received from the Lord 
Baltimore, wherein his Lordship desires that the Hearing of this 
Matter may be deferred till April next, when he intends to come 
into England. Whereupon it is agreed that this Business be 
postponed until the Month of April next, unless the Agent of the 
Lord Baltimore be ready to bring the Matter in difference to a 
Hearing before that time. This is proved by Mr. Gellibrand, 
and is Exhibit Botra, No. 22. Fol. 8. 

1684. July 2. 

Wednesday July 2d, 1684. Present Lord Keeper, Lord Presi- 
dent, Lord Privy Seal, Duke of Beaufort, Earl of Rochester, Lord 
Viscount Fouconberg, Lord Dartmouth, Sir Leolin Jenkins. 
A Letter from Sir Edward Herbert, Solicitor to his Royal 
Highness, read, representing the Prejudice that his Royal High- 
ness may suffer by a further Delay of the Business now depend- 
ing before their Lordships, between Mr. Penn Lessee to his Royal 
Highness, and the Lord Baltimore, for the Lands in Delaware. 
Whereupon, their Lordships order that the Lord Baltimore's 
Agent have notice to attend on Wednesday the 16th Instant. 
This is proved by Mr. Gellibrand, and is Exhibit Botra, No. 22. 
Fol. 9. 



BOUNDARY QUESTION. 401 

July 16. 

Wednesday July 16th 1684. Present Lord Archbishop of Can- 
terbury, Lord Keeper, Lord Privy Seal, Earl of Craven, Earl of 
Nottingham, Earl of Rochester, Lord Bishop of London, Lord 
Dartmouth, Mr. Chancellor of the Exchequer. The Agents of 
my Lord Baltimore and Mr. Penn attending, their Lordships ap- 
point to taks the matter in difference between them into further 
Consideration, on Wednesday next, at four in the Afternoon, at 
which Time all Parties are to attend. This is proved by Mr. 
Gellibrand, and is Exhibit Botra, No. 22. Fol. 10. 

July 23. 

Wednesday July 23d 1684. Present Lord Keeper, Lord Presi- 
dent, Lord Privy Seal, Earl of Craven, Earl of Rochester, Mr. 
Secretary Godolphin, Sir Leolin Jenkins, Mr. Chancellor of the 
Exchequer. My Lord Baltimore attending, upon the Di fference 
between his Lordship and Mr. William Penn, touching the 
Boundaries of Maryland and Pensilvania, his Lordship. and Mr. 
Ford, Agent for Mr. Penn, are called in, and Mr. Ford declaring 
that he could not be leady for Hearing, because Sir Edward 
Herbert, Solicitor to his Royal Highness, whose Lessee Mr. 
Penn is, was gone upon his Circuit, and that he could not get 
other learned Council : Their Lordships appoint this Matter to 
be heard the first Tuesday after Michaelmas, at which Time all 
Parties are to be ready with their Proofs and Evidences of the 
Right. This is proved by Mr. Gellibrand, and is Exhibit Botra, 
No. 22. Fol. 11. 
Sept. 30. 

Tuesday Sept. 30th 1684. Present Lord Keeper, Earl of Roches- 
ter, Lord President of his Majesty's Council, Lord Privy Seal, 
Earl of Sunderland, Earl of Clarendon, Earl of Craven, Earl of 
Middleton. My Lord Baltimore, and the Commissioners of his 
Royal Highness, under whom Mr. Penn claims a Tract of Land 
about Newcastle in the Province of Delaware, together with 
their Council learned, are recalled in, and it being alledged by 
Sir Edward Herbert, his Royal Highness's Solicitor, that the 
Proofs in this case depend chiefly upon Mr. Penn's coming into 
England, where he was soon expected, their Lordships appoint 
the Business to be heard on the 9th Day of December next, at 
which Time Mr. Penn is expected here. This is proved by Mr. 
Gellibrand, and is Exhibit Botra, No. 22. Fol 12. 

1684, Dec. 9. 

Tuesday December 9th 1684. Present Lord Keeper, Earl of 
Hutingdon, Earl of Bridgewater, Earl of Sundprland, Earl of 
Craven, Earl of Middleton, Lord Viscount Fauconberg. The 
26- VOL. XV. 



402 PENNSYLVANIA AND MARYLAND 

Difference depending between my Lord Baltimore and Mr. Penn, 
being appointed to be heard this Day, was put off to another 
Time. This is proved by Mr. Gellibrand, and is Exhibit Botra, 
No 22. Fol.13. 

March 17. 

Tuesday March 17th 168f. Present Lord Keeper, Lord Presi- 
dent, Lord Privy Seal, Duke of Beaufort, Earl of Sunder- 
land, Earl of Craven, Earl of Ailsbury, Lord Viscount Fau- 
conberg, Lord Godolphin, Mr Chancellor of the Dutchy. A Let- 
ter from Mr. Penn, dated this Day, is read, praying that he may 
have an Order for quieting the Possession of the Lands in Dela- 
ware, as his Majesty had placed it, till the Difference between 
Mr. Penn and the Lord Baltimore be heard, but their Lordships 
do not think fit to do any thing therein. This is proved by 
Mr. Gellibrand, and is the Exhibit Botra, No. 22. Fol. 14. 

1685, Aug. 18. 

Received from the Earl of Middleton 18th August 1685. 
Read the same Day. To the King's Majesty. The Petition of 
William Penn, with all Humility sheweth, That his Petitioner 
has long waited, to his great Detriment, the Decision of the 
Matter in Difference between the Lord Baltimore and himself, 
under the King's Name and gracious Protection, about the 
Bounds of the Lands which he received from the King when 
Duke ; and, tho' he has been referred to the Issue of the Quo War- 
ranto upon the Lord Baltimore's Patent, yet, since this Stay is of 
the greatest Prejudice to his Majesty's Province, and a Ruin to 
his Petitioner and his Family, as he is ready to evince, and that 
it is about a Title of Land, and not of Power, and so, not the 
Question the Quo Warranto goes upon; for that Dispute would 
remain, tho' the King's Suit about Power were issued ; His Peti- 
tioner most humbly prays his Case may be recommended to the 
Lords of Plantations, and a short Day set to hear and deter- 
mine this Business; and his Petitioner shall ever heartily pray, 
Signed William Penn. This is proved by Mr. Gellibrand, and 
is Exhibit Botra, No. 21. Fol. 3. 

Aug. 18. 

Tuesday 18th August 1685. Present, Lord Treasurer, Lord Pres- 
ident, Earl of Bridgewater, Earl of Sunderland, Earl of Craven 
Earl of Middleton, Lord Godolphin, Mr. Chancellor of the. 
Dutchy. Upon the Petition of William Penn Esq ; referredto the 
Committee, setting forth that the Difference between my Lord 
Baltimore and the Petitioner, is about a Title of Land, and not 
of Power, and so not, the Question of the Quo Warranto issued 
against my Lord Baltimore, and therefore, praying that a short 



BOUNDARY QUESTION. 403 

Day may be set for hearing and determining the same, their 
Lordships appoint to hear the Difference bet w sen the Lord Balt- 
imore and the Petitioner, concerning the Boundaries and Title 
of Soil in America on Wednesday the 26th of this Month, at 4 in 
the Afternoon, and order Notice thereof to be given to both 
Parties accordingly. This is proved by Mr. Gellibrand, and is 
the Exhibit Botra, No. 22. Fol. 15. 

Aug. 26. 

Thursday the 26th of August 1685. Present, Lord Treasurer, 
Lord President, Earl of Bridgewater, Earl of Craven, Earl of 
Nottingham, Lord Viscount Fauconberg, Lord Bishop of Lon- 
don, Earl of Middleton, Mr. Chancellor of the Dutehy. The 
Lord Baltimore and Mr. Penn attending, upon the Differences 
between them, touching Boundaries, and Title of Soil, in Amer- 
ica, are called in, and their Lordships appoint to henr this 
Business on Wednesday the 2d of the next Month, when both 
Parties agreed to attend without Council. This is proved by 
Mr. Gellibrand, and is the Exhibit Botra, No. 22. Fol. 16. 

Sept. 2. 

Tuesday the 2d of September 1685. Present. Lord President, 
Lord Privy Seal, Earl of Bridgewater, Earl of Craven, E^rl of 
Middleton, Lord Viscount Fauconberg. The Lord Baltimore and 
William Penn Esq ; attending, this Day, according to Order, upon 
the Difference between them, and the Boundaries of Land, and 
Title of Soil, in America : And Mr. Penn having produced 
divers Proof, to make out that the Country of Delaware was 
inhabited by the Swedes and Dutch before the Date of my Lord 
Baltimore's Patent: It is thought fit that Copies be given to 
the Lord Baltimore, of the said Evidences and Proofs, that 
his Lordship may be prepared to make his further Defence 
before the 30th of this Instant September; on which Day their 
Lordships resolve to take this Matter again into Consideration. 
This is proved by Mr. Gellibrand, and is Exhibit Botra, No. 
22. Fol. 17. 
Octob. 8. 

Thursday the 8th of October 1685. Present, Lord Jefferys, 
Lord High Chancellor of England, Lord Treasurer, Lord Presi- 
dent, Lord Privy Seal, Earl of Mulgrave, Lord Chamberlain, 
Earl of Sunderland, Earl of Craven, Lord Bishop of London, 
Master of the Ordnance. My Lord Baltimore and Mr. Penn 
attending, are called in, and both Parties being heard, my 
Lord Baltimore gives their Lordships an Account that, in the 
Year 1642, one Ployden sailed up Delaware River, and did not 
see any House there at that time, as is affirmed by a Deposition 
produced by Mr. Penn ; and the Copy of a Report of the Com- 



404 PENNSYLVANIA AND MARYLAND 

missioners of Foreign Plantations, on the 4th of April 1638, 
touching the Differences between the Lord Baltimore and Mr. 
Clayborn, about the Isle of Kent, is offered by my Lord, shew- 
ing their Opinion touching the Lord Baltimore's Right to the 
Isle of Kent: After which, the Deposition of Mr. Garret Van 
Sweeringen concerning the seating Delaware Bay and River to 
the Southward of the 40th Degree Northern Latitude, by the 
Dutch and Swedes, read. Whereupon their Lordships think 
fit that my Lord Baltimore procure an attested Copy of the fore- 
mentioned Reports, against Thursday next, when their Lord- 
ships will take this Matter into further Consideration. This 
is proved by Mr. Gellibrand, and is Exhibit Botra No. 22. 
Fol. 18. 

Octob. 17. 

Saturday October 17th 1685. Present, Lord Chancellor, Lord 
Treasurer, Lord Privy Seal, Duke of Beaufort, Lord Chamber- 
lain, Earl of Sunderland, Earl of Craven, Earl of Middleton, 
Lord Dartmouth, Mr. Chancellor of the Exchequer. My Lord 
Baltimore and Mr. Penn are called in, and my Lord Baltimore 
having undertaken to procure an authentick Copy of a Report, 
made by the Commissioners for Foreign Plantations on the 4th 
April 1638, touching the Differences between my Lord Balti- 
more's Predecessors and William Clayborne, about the Isle of 
Kent, my Lord Baltimore declares that he cannot find the Ori- 
ginal, whereby an attested Copy may be procured; Their 
Lordships agree to report their Opinions, that the Tract of 
Land, now in Dispute, does not belong to my Lord Baltimore; 
but, in as much as it yet remains doubtful, what are the true 
Boundaries of the Land called Delaware, which their Lord- 
ships now adjudge to belong to his Majesty, their Lordships 
will meet again for the Settlement of those Boundaries between 
his Majesty, and the Lord Baltimore; at which time his Lord- 
ship and Mr. Penn are to give their Attendance, and to come 
prepared for a final Decision therein. This is proved by Mr. 
Gellibrand, and is Exhibit Botra No. 22. Fol. 20. 

Octob. 31. 

Saturday October 31st 1685. Present, Lord Chancellor, Lord 
Privy Seal, Lord Chamberlain, Earl of Sunderland, Earl of 
Craven, Earl of Berkeley, Earl of Plimouth, Earl of Middle- 
ton, Lord Viscount Preston, Mr. Chancellor of the Exchequer. 
My Lord Baltimore and Mr. Penn attending, are called in, 
and their Lordships taking into Consideration what might 
be the proper Boundaries of the Country of Delaware, now in 
Question, it is proposed that the whole Peninsula, or Tract 
of Land, called Delaware, from East to West, as far as Cape 



BOUNDARY QUESTION. 405 

Hinlopen Southward, may be divided into two equal Parts, 
between his Majesty and my Lord Baltimore. Whereupon, his 
Lordship, desiring further time, to consider of this Proposal, 
the Committee allow him a Week longer, to offer his Objec 
tions. This is proved by Mr. Geliibrand, and is the Exhibit 
Botra No. 22. Fol. 21. 

Nov. 7. 

Saturday November 7th 1685. Present Lord Privy Seal, Earl 
of Bridgewater, Earl of Sunderland, Earl of Craven, Eail of 
Middleton, Lord Viscount Fauconberg, Mr. Chancellor oi the 
Exchequer, Lord Chief Justice Herbert. My Lord Baltimore 
and Mr. Penn attending, concerning the Boundaries of the 
Country of Delaware, are called in; and being heard, their 
Lordships resolve to report their Opinion, to his Majesty, That, 
for avoiding further Differences, the Tract of Land, lying 
between the River and Bay of Delaware, and the Eastern Sea, on 
the West side, and Cheasepeak Bay on the other, be divided 
into two equal Parts, by a Line, from the Latitude of Cape 
Hinlopen, to the 40th Degree of Northern Latitude; and, 
that one half thereof, lying towards the Bay of Delaware 
and the Eastern Sea, be adjusted to belong to his Majesty; and 
that the other half remain to the Lord Baltimore, as comprised 
within his Charter. This is proved by Mr. Geliibrand, and is 
Exhibit Botra No. 22. Fol. 22. 

Note well. 

This Determination was made by Agreement of Parties, as 
it were, it having been before proposed to the Parties, and 
Time given them to consider thereof, 

And this Report abundantly fixes the North Bounds of Mary- 
land to be at the Head of Chesopeak Bay ; for the Peninsula, 
which was so to be divided, although it had three Boundaries 
on the one side, namely, the River and Bay of Delaware, and 
the Eastern Sea, yet it had no Boundary on the other side but 
Chesopeak Bay only. 

Again, this Report fixes, very materally for us, that the South 
Bounds of the lower Counties were to be from Cape Hinlopen. 
And the first Dutch Record, of the Year 1630, shews that was 8 
large Miles, (viz. 8 Leagues) South of Delaware Bay. Besides 
which, Cape Hinlopen mentioned in this Report, could not be 
(as my Lord Baltimore now pretends) at the Mouth or Entrance 
of Delaware Bay ; for, if so, there was no occasion to describe 
the Eastern Sea as Part of the Boundary of the Peninsula, 
which in fact it was not, in such Case, but, on the contrary, 
the River and Bay of Delaware would have been the only East- 
ern Boundaries, had Cape Cornelius been the true and ancient 
Cape Hinlopen. 



406 PENNSYLVANIA AND MARYLAND 

Nov. 13. 

At the Court at Whitehall the 13th Day of November 1685. 
Present, The King's Most Excellent Majesty, His Royal High- 
ness Prince George of Denmark, Lord Archbishop of Canterbury, 
Lord Chancellor, Lord Treasurer, Lord Privy Seal, Duke of Or- 
mond, Duke of Beaufort, Duke of Queensberry, Lord Chamber- 
lain, Earl of Huntingdon, Earl of Bridge-water, Earl of Peterbor- 
ough, Earl of Sunderland, Earl of Craven, Earl of Berkeley, Earl 
of Nottingham, Earl of Plymouth, Earl of Morray, Earl of Mid- 
dleton, Lord Viscount Fauconberge, Lord Viscount Preston, 
Lord Viscount Melfort, Lord Bishop of London, Lord Dart- 
mouth, Lord Godolphin, Mr. Chancellor of the Exchequer. The 
following Report, from the Right Honourable the Lords of the 
Committee for Trade and Foreign Plantations, being this Day 
read at the Board : The Lords of the Committee for Trade and 
Plantations having, pursuant to his late Majesty's Order in 
Council of the 31st of May 1683, Examined the Matters in differ- 
ence between the Lord Baltimore and William Penn Esq ; in be- 
half of nis present Majesty, concerning a Tract of Land, in 
America, called De la Ware, Their Lordships find that the Land, 
intended to be granted to the Lord Baltimore's Patent, was only 
Land uncultivated and inhabited by Savages. And that this 
Tract of Land, now in Dispute, was inhabited and planted by 
Christians, at and before the Date of the Lord Baltimore's 
Patent, as it hath been, ever since, to this Time, and contained 
as a district Colony from that of Maryland ; so that their Lord- 
ships humbly offer their Opinion, that, for avoiding fur- 
ther Differences, The Tract of Land, lying between the River 
and the Eastern Sea, on the one Side, and Chesapeake Bay, 
on the other, be divided, into equal Parts, by a Line, from the 
Latitude of Cape Hinlopen, to the 40th Degree of Northern 
Latitude ; and that one Half thereof, lying towards the Bay of 
Delaware and the Eastern Sea be adjudged to belong to his 
Majesty, and that the other Half remain to the Lord Baltimore, 
as comprised within his Charter. Council Chamber 7th of 
November 1685. His Majesty, well approving of the said Report, 
It was, thereupon, Ordered, by his Majesty in Council, That 
the said Lands be forthwith Divided accordingly. Whereot 
the said Lord Baltimore and William Penn Esq; together with 
their respective Officers, and all others whom it may concern, 
are to take Notice, and give due and ready Obedience thereunto. 
This is proved by Dickinson, and is Exhibit Co-off. No. 4. 

Note. 

And thus ended this first Contest wherein many Things clearly 
appear. 1. That Lord Baltimore and his Council were fully 
heard, Great Numbers of Times, and had such Indulgence that 



BOUNDARY QUESTION. 407 

they ordered him Copies of Mr. Perm's Proofs. 2. That, 
throughout the whole Process, it is, from time to time, taken 
notice of as a Dispute between Lord Baltimore and Mr. Penn, 
and is expressly called so in the Minutes and Acts of Council, 
although at the same time Mr. Penn did hold under the Duke's 
Deeds and Covenants, and under Rent to the Duke, and, there- 
fore, additionally, took into his aid the Duke's Name and Right. 
3. That it was, in this Contest, that the then Lord Baltimore 
first trumpt up the pretended Order of Council about Clay borne 
of 4 April 1638, and then gave it up again. 4. That there was 
a flat Judgment against Lord Baltimore, that Delaware, (the 
Tract of Land then in Dispute) did not belong to him, and the 
only Doubt was, What were the true Boundaries of Delaware? 
5. That a Proposition was made then, for Peace sake, and to 
prevent further Differences, how it should be bounded, and Time 
given to Lord Baltimore to offer any Objections to that Pro- 
posal. 6. That the Order, then made, for a Division, was to 
extend Southwards, down to Cape Hinlopen, and Northwards, 
not a Hair further than to the Head of Chesapeak Bay, (whereas, 
now, we have granted him a great many Miles higher than 
that) For, The Land, which was to be divided, was such as lay 
between Delaware River and Bay, and the Sea, on one Hand, 
and Chesopeak Bay, on the other. 7. Another Matter which 
confined the Northern End to that dividing Line is very express 
and remarkable, and falls in exactly with our Construction of 
Lord Baltimore's Patent and with the express Words of the 
Pensilvania Patent ; for, that Dividing Line was, by this Order, 
to run from the Latitude of Cape Hinlopen to the 40th Degree 
of Northern Latitude; but not, through all that Degree, up to 
the 41st Degree. 8. AH the World understood this as a Judg- 
ment in the Favour of Mr. Penn, who was all along said tjo 
have been a Party in the Contest; Indeed, nominally, it was 
said one Half should belong to his Majesty, the Duke of York 
being then become King. But, the very Order, itself, is di- 
rected to my Lord Baltimore and William Perm Esq; and their 
respective Officers, to take notice of it, and give due Obedience 
to it; and, had the King and Council intended to have tript 
up the Tenant Mr. Penn's Title, it had been a little hard and 
unnatural to have ordered him to run a Line, in order to g-et 
Land meerly for the King, but not for himself. 

If it be askt why, after this Determination was made, Mr. 
Penn did not get further Assurance from the King? The 
Answer is, that tho' it was agreed and ordered how the Lower 
Counties should be divided, yet. the Line of Division was not 
run, but was still to be done. And even yet remains to be done. 
We hoped to have done it by means of the Agreement of 1732, 



408 PENNSYLVANIA AND MARYLAND 

but that Agreement the Defendant will not execute. And, till 
the Division Line should be run, no regular Conveyance could 
be made. And that Division Line not being run in that King's 
Time, (who abdicated before the 7 Years which were mentioned 
in his Covenant expired) Mr. Penn therefore could not, at any 
Time hitherto, apply for further Assurance. 



Chap. VIII. From the first Determination of the King in Coun- 
cil of the 13th of November 1685, down to the second Deter- 
mination in the Plaintiffs Favour in the Year 1708. 

1685, Dec. 10. 

From the Records in Sussex County. At a Court held in the 
Name of William Penn Proprietary and Governor of Pensilva- 
nia, and the Territories, at Lewes for the County of Sussex, the 
8, 9, and 10th Days of December 1685, Iwottama Samam, the In- 
dian Shackamacker of Assawawmat, signed, sealed and delivered 
an Indenture of Sale for 1000 Acres of Land to Norton Claypoole, 
called the Indian Grove, scituate on the South side of the In- 
dian River, and acknowledge the Sale thereof to the said Clay- 
poole, according to the Indenture of Sale signed in the Docket 
by Justice Watson, one of the Members of the Court. Also the 
same Shackamacker signed, sealed and delivered an Indenture 
of Sale for 500 Acres of Land, scituate on the North side of the 
Indian River, to Matthew Taylor Merchant of New York, and 
acknowledged the Sale thereof according to the Indenture of 
Sale. Sussex Records, No. 17. Fol. 26. 

Note. 

Neither of these Indentures appear : neither are they said to 
be recorded. This shews, however, that Courts were held in 
Mr. Penn's Name, that those Courts exercised Jurisdiction on 
both sides of Indian River, and that the Lands, about Indian 
River, were not then settled, but were, piece by piece, bought, 
from time to time, from the Indians then. And you remember 
there was an Order of Sussex Court made on 1 January 1680, 
that none should seat down on Lands, till they brought the 
Indians to Court to acknowledge they had sold those Lands. 

1686, Sept. 14-16. 

From the Sussex Records, an Indenture made in the 7th Year 
of the Proprietary Government, between John Oakie of the 
County of Sussex in the Territories of the Province of Pensil- 
vania of the one Part, and John Barker of the other Part, It 
recites the forementioned Grant, from Proprietary Penn's Com- 
missioners, to John Oakie, dated the 27th of January 1684, of 
Mulatto Hall, on the South side of Indian River, containing 



BOUNDARY QUESTION. 409 

800 Acres, now the said Oakie, in Consideration of 307. alienates 
unto John Barker 400 Acres, being one Moyety thereof; with 
Warranty against all Persons, the Rents from henceforth to 
grow due to the Proprietary only excepted. And there is an Act 
of the Court held at Lewis for the County of Sussex the 14, 15 
and 16th of September 1086, endorsed on the said Deed, and signed 
by the Clerk of the Court, that Oakie acknowledged that Sale 
and Conveyance according to the Contents there within written. 
Sussex Records, No. 17. Fol. 30. 31. 

4° Will. & Marice, 1691. Oct. 25. 

From the Chappel of the Rolls, a Commission under the 
Great Seal, from King William and Queen Mary, to Benjamin 
Fletcher Esq; It recites that Colonel Fletcher had, by Letters 
Patent under the Great Seal of the 18th of March then last, 
been appointed Governor of New York. It also recites, Fol. 4. 
That, by reason of great Neglects and Miscarriages in the Gov- 
ernment of our Province of Pensilvania in America, and the 
Absence of the Proprietor, the same was fallen into Disorder 
and Confusion; by means whereof not only the Publick Peace 
and Administration of Justice (whereby the Crown's Subjects 
should be preserved in those Parts) was broken and violated, 
but there was also great Want of Provision for the Guard and 
Defence of the said Province against the Enemies of the Crown, 
whereby the said Province, and the adjacent Colonies, were 
much exposed, and in Danger of beiDg lost from the Crown of 
England. 

For the Prevention whereof as much as in us lies, and for 
the better Defence and Security of our Subjects inhabiting those 
Parts, during this Time of War, we find it absolutely necessary 
to take the Government of our Province of Pensilvania into our 
own Hands, and under our immediate Care and Protection. 

Therefore constituted and appointed Colonel Fletcher to be 
Captain General and Governor in Chief in and over our Pro- 
vince of Pensilvania and Country of Newcastle and all the 
Tracts of Land depending thereon in America; and commanded 
him to take the said Province and Country under his Govern- 
ment. 

And, for the better governing and ruling the said Province 
and Country, and the Tracts and Territories depending thereon, 
their Majesties gave and granted unto the said Colonel Fletcher, 
all and every the like Powers and Authorities, as by the former 
Commission was given and granted to him for the ruling and 
governing of New York ; To be exercised, in like manner, by 
Colonel Fletcher, in and over our said Province of Pensilvania 
and Country of Newcastle, and the Territories and Tracts of 
Land depending thereon in America. 



410 PENNSYLVANIA AND MARYLAND 

And to appoint, and suspend, a Lieutenant Governor, and a 
Council there. 

To hold, exercise and enjoy the said Office and Place of Cap- 
tain General and Governor in Chief in and over our Province 
of Pensilvania and Country of Newcastle, and the Territories 
and Tracts of Land depending thereon in America, during our 
Will and Pleasure. This Copy is proved by Mr. Bulmer and 
is Exhibit Rocha, No. 7. 

Note. 

This Commission was proved not so much with any design 
to make use of it in our favour, as to obviate any Objection 
that might be made against us, that the Crown, once, took the 
Government from Mr. Penn ; which, you are pleased to observe, 
was not of the lower Counties only, or upon account of any 
Defect of Title in Mr. Penn, but, for Reasons of State ; and the 
Crown took the Government of Pensilvania itself from Mr. 
Penn, as well as that of the Lower Counties. Indeed, King 
William did not greatly confide in Mr: Penn, nor in the then 
Lord Baltimore (who was a Roman Catholick) and his Majesty 
wanted both their Governments- into his own hands. Sundry 
Lawyers Opinions were taken thereon, at length, the Crown 
was advised that, for Reasons of State, it might be done; and 
thereupon, for Reasons of State it was done, both as to Mr. Penn 
and Lord Baltimore also. But Mr. Penn so very well cleared 
himself to the Satisfaction of the Crown that his Government 
was restored to him in less than 22 Months from the Date of 
this Commission, even during that War: Whereas the Crown 
kept the Government of Maryland in their own Hands, above 
25 Years, from 1691 to 1716, before they restored that to the 
Lord Baltimore. 

1692, Nov. 10. 

From the Records in Sussex County an Indenture of this 
Date between John Barker of the County of Sussex annext unto 
the Province of Pensilvania and Peter Waples late of the County 
of Somerset in the Province of Maryland, but now of the fore- 
said County of Sussex Planter; reciting Patent granted by Pro- 
prietary Penn's Commissioners on 25 September 1691, unto one 
Richard Patte deceased, of a Tract of Land on the South side of 
the Indian River at the Head of a Neck of Land called Pine- 
Neck in the said County of Sussex, containing 800 Acres of Land, 
and that John Patte, Son and Heir of Richard Patte, had con- 
veyed the same to the said John Barker ; now the said Barker, 
for 4500 Pound of Tobacco, conveys the same to the said Peter 
Waples, warranted against all Incumbrances, the Rents from 
henceforth to grow due to the Proprietor only excepted. 



BOUNDARY QUESTION. 411 

With an Endorsement thereon attested by the Clerk of the 
Court that at a Court held at Lewis for the said County of 
Sussex on 5th September 1694, Barker acknowledged that Deed 
in open Court. Sussex Records, No. 17. Fol. 32. 33. 

6° Will. & Maria, 1693, Aug. 20. 

From theChapell of the Rolls, a Commssion under the Great 
Seal to William Penn Esq; recites that, upon Information that 
by reason of great Miscarriages in the Government of our Pro- 
vince of Pensilvania in America, and the Absence of the Pro- 
prietor, the same was fallen into Disorder and Confusion, by 
means whereof not only the Publick Peace and Administration 
of Justice was broken and violated, but there was also great 
want of Provision for the Guard and Defence of our said Pro- 
vince against our Enemies, whereby it was apprehended that 
our said Province and the adjacent Colonies were much in 
danger of being lost, from the Crown of England ; For Pre- 
vention whereof, as much as in us lay, and for the better De 
fence and Security of our Subjects inhabiting those Parts- dur- 
ing this time of War, we found it absolutely necessary to< take 
the Government thereof into our Hands, and into our imme- 
diate Care and Protection, and did, thereupon, by Letters 
Patent of 21st October in the 4th Year of our Reign constitute 
and appoint Benjamin Fletcher Esq ; our Captain General and 
Governor in Chief in and over our said Province of Pensilvania 
and Country of Newcastle and all the Territories and Tracts of 
Land depending thereon in America, &c. And whereas humble 
Application has been made unto us, by our trusty and well 
beloved William Penn Esq ; Proprietor of our said Province of 
Pensilvania, that he may be restored to the Administration of 
the Government thereof, as formerly, And whereas the said Pro- 
prietor has given us good Assurance that he will take care of 
the Government of our said Province and Territories, and 
provide for the Safety and Security thereof all that in him lies. 
We have thereupon thought fit to restore him to the Adminis- 
tration of the Government of our said Province and Territories ; 
And accordingly our Will and Pleasure is that so much of our 
said Commission, bearing Date 21 October in the 4th Year of 
our Reign, as appointed Colonel Fletcher Governor of our said 
Province of Pensilvania, Country of Newcastle, and the Terri- 
tories and Tracts of Land depending thereon in America, to- 
gether with all the Powers, &c. thereby granted for the ruling 
and governing of our said Province and Country, do, from the 
Publication of these our Letters Patent, cease, determine and 
become void ; And accordingy, the same are hereby declared void ; 
Of which all Persons whom it may concern are to take notice 



412 PENNSYLVANIA AND MARYLAND 

and govern themselves accordingly under Pain of our highet e 
Displeasure. This is proved by Mr. Buhner, and is Exhibit 
Rocha No. 8. 

Note. 

So that here the Crown layd no Claim to the Government of 
the Lower Counties, but restored the Government of the Terri- 
tories to Mr. Penn, as formerly. 

Sept. 5. 

From the Sussex Records, an Indenture between William 
Clark of the County of Sussex annext unto the Province of Pen- 
si lvania, Merchant, of the one Part, and Peter Waples of the 
aforesaid County of the other, reciting that Proprietary Penn's 
Commissioners did by their Patent of 7 September 1691, grant 
to the said William Clark a Tract of Land, on the South side 
of Indian River, in the said County of Sussex containing 400 
Acres. Now for the Consideration of 4300 Pound of Tobacco 
Clark conveys the same to Waples, free of all Demands, the Rents 
and Services from henceforth to grow due to the Proprietor and 
Government only excepted. With an Endorsement signed by 
the Clerk of the Court that Clark acknowledged that Deed in 
open Court held at Lewis for the said County of Sussex upon 
5 September 1694. Sussex Records, No. 17. Fol. 34. 
1694, March 6. 

At a County Court or Court of Common Pleas held in their 
Majesties Names at Lewis for the County of Sussex on the 6th 
and 7th Days of March 1694, before the Justices of the said Court, 
after several Proceedings there stands recorded thus, The Court 
caused a Letter to be written, to the Justices in Maryland, re- 
lating to some Difference between the two Governments; and 
ordered the Clerk to record the Letter, which follows there, 
and is to this Effect; We their Majesties Justices of the Peace, 
in Court sitting, are given to undarstand that John Barker and 
Charles Tindall, Inhabitants on the South side of Indian River, 
within this County and Government, stand bound over to your 
Quarter Sessions, for not owning the Authority of your Govern- 
ment, thought fit to signify to you that most of the Lands, on 
the said South side of the said Indian River, and particularly 
the Lands that they live upon, were taken up, and surveyed by 
Grant, when this Place was under the Government of New York, 
and since patented under William Penn Esq; absolute Proprie- 
tary; and that the said above-named Persons possess their said 
Lands by the said Right; and have, all along, paid Rents and 
Duties unto the said Proprietor and Government ; And whereas 
some of your County have pretended something of an Order of 
King and Council, that the Tract of Land, lying between the 



BOUNDARY QUESTION. 413 

River and Bay of Delaware on the one side, and Chesopeak 
Bay on the other side, be divided in two equal Parts, by a Line, 
from the Latitude of Cape Inlopen, to the 40th Degree of 
Northern Latitude, and that one half thereof lying towards 
Chesapeak Bay remain to the Lord Baltimore, and that half 
Part lying towards the River and Bay of Delaware unto Wil- 
liam Penn Esq ; But, if any apprehend so, they are under a 
great Mistake, for, the Order of King and Council is, That, for 
avoiding further Differences, the Tract of Land lying between 
the River and Bay of Delaware and the Eastern Sea on the 
one part, and Chesapeak Bay on the other, be divided into 
equal Parts, by a line from the Latitude of Cape Henlopen to 
the 40th Degree of Northern Latitude, and that one half thereof, 
lying towards the River and Bay of Delaware and the Eastern 
Sea be adjudged to belong unto his Majesty, and that the other 
half remain to the Lord Baltimore as comprised within his 
Charter. Now, some of your Government have, also, alledged 
that Cape Henlopen, and Cape Inlopen, are one and the same 
Cape, which, likewise must be a great Error; for, if so, there 
had been no need for the King and Council to have mentioned 
the Eastern Sea in the said Order. All which, being duly de- 
liberated, Quere, Whether it be not most fit to abstain all Acts 
of Violence, and Breach of good Neighbourhood, on either part, 
till such time as the Division be made and completed according 
thereto ; which we believe will not be long. These things we 
have agreed to offer to your Consideration, and may conduce 
to the Relief of the said Barker and Tindall. Sussex Records, 
No. 17. Fol. 35. 36. 

7 c6 8° Will. Mii, 1696. 

An Act of Parliament was past, for preventing Frauds and 
regulating Abuses in the Plantation Trade, which contained 
many new Regulations for the Plantations in divers Respects. 
By the 4th Clause, all Governors in the Plantations were to 
take an Oath to observe the Acts of Trade. By the 9th Clause, 
all Laws of the Plantations contrary to the Acts of Trade 
therein mentioned then in Being, or repugnant to the then 
present Act, or to any future Act which should relate to the 
Plantations, were declared null and void. By the 12th Clause 
Places of Trust in the Colonies were to be in the hands of native- 
born Subjects. By the 16th Clause Persons claiming a Right or 
Propriety in any Islands or Tracts of Land on the Continent of 
America by Charter or Letters Patent should not alien or sell 
the same other than to the natural born Subjects of England, 
Ireland, Wales, or Berwick upon Tweed, without Licence from 
the Crown by Order in Council And by the latter Part of the 
same Clause. "All Governors nominated and appointed by 



414 PENNSYLVANIA AND MARYLAND 

" any such Persons or Proprietors who shall be intitled to make 
"such Nomination, shall be allowed and approved of by his 
"Majesty, his Heirs and Successors as aforesaid, and shall take 
"the Oaths appointed by this or any other Act to be taken by 
"the Governors or Commanders in Chief in other his Majesty's 
" Colonies and Plantations, before their entering upon their re- 
" spective Governments, under the like Penalties as his Majesty's 
"Governors and Commanders in Chief are by the said Acts 
"liable to." Printed Act of Parliament 7 & 8 W. 3. 

8th & 9th Will. 3d, 1696. 

An Act of Parliament was past intitled, An Act for making 
good the Deficiency of several Funds, &c. and for enlarging 
the Capital Stock of the Bank of England, &c. By a Clause 
wherein, the foregoing Clause in the last Act of Parliament is 
recited, and that thereby all the then present Governors and 
Commanders in Chief of any English Colonies and Plantations 
were, before the 25th of March 1697, and all who should be made 
Governors, before their entring into their Government should 
take an Oath to observe the Acts of Trade therein mentioned. 
Noav, further Time is given for admiuistring that Oath, to 
the then present Governors, and such Oath was to be taken 
before such Persons as his Majesty should appoint. Printed 
Act of Parliament 8. & 9. W. 3. 

9° Will. Uii, 1697. Apr. 30. 

A Commission under the Great Seal of England entred upon 
the Records of Pensilvania directed to Edward Randolph, 
Robert Quarry, Richard Holliwell, Edward Chilton, John 
Moor and Jasper Yeates, Esquires or any 5 of the Members of 
the Council, and the Collector of our Customs for the time 
being, within our Province of Pensilvania, reciting the said 
Clause in the Act of the 8th and 9th of King William. And 
reciting that the Persons appointed to administer the said Oath 
were by some Accidents prevented from performing the same 
within the Time limited by the said Act; To the end the good 
Intent of the said Act might not be disappointed for want of 
time to put the same in Execution, it had been enacted that 
further Time should be allowed for administring the said Oath, 
the King therefore appoints and authorizes the said Persons, 
or any 3 or more of them, to administer the Oath thereunto 
annext, unto the Governor or Commander in Chief of the said 
Province of Pensilvania. Pensilvania Records, No. 7. Fol. 4. 

March 17. 

Prom the Pensilvania Records Copy of an Entry of an En- 
dorsement on the said Commission, that by vertue of those Let- 
ters Patent, William Markham Esq; Governor under William 



BOUNDARY QUESTION. 415 

Penn Esq ; absolute Proprietor of the said Province and Terri- 
tory thereunto belonging, made Oath as was therein directed, 
signed by 4 of the Commissioners. Pensilvania Records, No- 
7. Fol. 6. 

1698, May 27. 

From the Pensilvania Records, Copy of an Entry of another 
Endorsement on the said Commission, that William Markham, 
Lieutenant Governor of the said Province (by vertue of a late 
Commission, granted to him by William Penn, absolute Pro- 
prietor and Governor of the said Province and Territories 
thereunto belonging) took the Oath there within directed, in 
full Council, held at Philadephia; because a Quorum of the 
Commissioners (expresly) named in that Commission could not 
be got together at that time. Pensilvania Records, No. 7. Fol. 
6. 

Note. 

In such Case the Commission was directed to the Members 
of the Council. 

1700, Sept. 13. 

From the Pensilvania Records an Indian Deed, whereby Wida- 
agh alias Orytaah, and Andaggy-junkquogh, Kings or Sach- 
emas of the Susquehannagh Indians, and of the River under that 
Name, and Lands lying on both sides thereof, do declare that, 
in Consideration of a Parcel of Indian Goods, to them given 
by their Friend and Brother William Penn, Proprietary and 
Governor of Pensilvania, and also in Consideration of the former 
much greater Costs and Charges the said William Penn had 
been at in treating about and purchasing the same, did give, 
grant and confirm unto the said William Penn, 

All the said River Susquehannagh, and all the Islands therein, 
and all the Lands scituate lying and being upon both sides of 
the said River and next adjoining to the same, extending to 
the utmost Confines of the Lands which are, or formerly were, 
the Right of the People or Nation called the Susquehannagh 
Indians, or by what Name soever they were called or known; 
and also all Lakes, Rivers, Rivulets, Fountains, Streams, Trees, 
Woods, Underwoods, Mines Royal and other Mines, Minerals, 
Quarries, &c. and other Royalties, Privileges and Powers, 
whatsoever, to them or any of them belonging, or by them en- 
joyed, as fully and amply in all respects as they, or any of their 
Ancestors, had or could have held and enjoyed. And all the 
Right, Title, Interest, Possession, Claim ind Demand of them, 
or the said Nation, or any in Right of the same. 

And do hereby ratify and confirm unto the said William Penn 
the Bargain and Sale of the said Land, made unto Colonel 



416 PENNSYLVANIA AND MARYLAND 

Thomas Dongan, now Earl of Limerick, and formerly Governor 
of New York, whose Deed of Sale to the said Governor Penn, 
we have seen. To hold the said River, Lands and Premises to 
Mr. Penn in Fee. Pensilvania Records, No. 7. Fol. 6. 

1701, Apr. 23. 

From the Pensilvania Records, Copy of Articles of Agreement 
between William Penn, Proprietor arid Governor of the Pro- 
vince of Pensilvania and Territories thereunto belonging, on 
the one Part, and Connoodaghtoh, King of the Indians inhab- 
iting upon and about the River Susquehannah in the said Pro- 
vince, and Widaagh alias Orettyah, Koqueeash, and Andaggy 
Junkquagh, Chiefs of the said Nations of Indians, and Wopath- 
tha, King, Lemoycungh and Pemoyajooagh, Chiefs of the 
Nations of the Shawonnagh Indians, and Abookassoough, 
Brother to the Emperor, for and in behalf of the Emperor, and 
Wewhinjouh, Cheequittah, Jakyewsan, and Woopackoa, Chiefs 
of the Nations of the Indians inhabiting in and about the North- 
ern Part of the River Pottomock in the said Province, for and 
in behalf of themselves and Successors, and their several Nations 
and People, on the other Part. That as there always had been 
a good Understanding and Neighbourhood, between Mr. Penn 
and his Lieutenants, ever since his first Arrival in that Pro- 
vince, and the several Nations of Indians inhabiting in and 
about the same, so it agrees that there should be, for ever, a firm 
and lasting Peace continued between them, and they should live 
as one Head and one Heart, in true Friendship and Amity, as 
one People. And many particular Clauses there are therein, 
for doing Justice to each other, and that the Indians, whilst 
they lived near or among the Christian Inhabitants, should 
observe the Laws of the Government, and have the Privileges 
thereof, as any other Inhabitants. They acknowledging the 
Authority of the Crown of England, and Government of that 
Province; and several Clauses about Trade. And the Indians 
of Conestogo ratify the Indian Sale made to Mr. Penn the 13th 
of September last. Pensilvania Records, No. 7. Fol. 7. 

Now Mr. Penn came over from Pensilvania and appointed a 
new Lieutenant Governor, fur the first time, after the Act of 
Parliament of the 7th and 8th of King William had been made , 
But from 1682, to this Time Mr. Penn had governed the Lower 
Counties by himself and his Deputies without signing any De- 
claration to the Crown. 

1702, Nov. 11. 

The Board of Trade made a Representation to the Queen in 
Council, that they had, in Obedience to the Queen's Commands, 
signified to them by Secretary Hedges, upon the Petition of Mr. 



BOUNDARY QUESTION. 417 

Penn, that Colonel Andrew Hamilton, appointed by him to be 
Deputy or Lieutenant Governor of Pensilvania, might have 
her Majesty's Approbation for the executing of that Trust, for 
one Year only, lately represented to her Majesty, before, that, 
having beenlinformed the said Hamilton had been a Favourer 
of illegal Trade with Scotland and other Parts, they did not 
think it for the Queen's Service that he should receive the 
Queen's Royal Approbation as Lieutenant Governor of that 
Province. But the Queen having, now, signified to them her 
gracious Inclination to gratify Mr. Penn in his present Request, 
and considering the absolute Necessity which he alledges for a 
temporary Approbation of the said Hamilton, their Lordships 
humbly offer that Security be given to her Majesty in 2000Z. at 
least, by Mr. Penn, or other Persons, for Hamilton's duly ob- 
serving the Acts of Trade, &c. as is usually done for the Pro- 
prietary Governments; " provided always that your Majesty's 
" Favour herein be not construed or extended in any manner to 
diminish or set aside your Majesty's Right and Title to the three 
lower Counties upon Delaware River adjoining to Pensilvania 
[Note these last Words are more softened upon future Appro- 
bation] ; And their Lordships take this occasion to pray the 
Queen's Order to Mr. Penn that he be obliged to return a speedy 
Answer in Writing to four Queries which they had delivered 
to him in May last, which much imported the Good of the Trade 
and Settlement of those and the neighbouring Parts. Co. Off. 
No. 5. 

Same Day. 

The Queen's Order in Council, stating that Representation 
verbatim, and approving the same, and declaring her Majesty's 
Allowance of the said Andrew Hamilton to be Deputy Governor 
for the said William Penn, of her Majesty's Province of Pensil- 
vania, and Territories thereunto annext, for one Year only; pro- 
vided that the usual Security be first given 'as aforesaid that 
Hamilton shall duly observe the Acts for better regulating the 
Plantation Trade, and obey such Instructions, relating there- 
unto, as he shall receive from her Majesty, or any acting under 
her Authority ; And provided also that the said William Penn 
do forthwith return to the Lords of Trade an Answer to the said 
four Queries ; And do further declare, under his Hand, that her 
Majesty's said Allowance shall not be construed in any manner 
to diminish or set aside her Majesty's Right and Title to the 
three Lower Counties upon Delaware River; And the Lords of 
Trade are to take care that good and sufficient Security be 
given to her Majesty as aforesaid. Co. Off. No. 5. 

27— Vol. XV. 



418 PENNSYLVANIA AND MARYLAND 

Jan. 21. * 

Another Representation from the Lords of Trade to the Queen 
in Council, That pursuant to the last Order they had required 
from Mr. Penn the several previous Conditions which were 
therein exprest, and having received from him a Certificate of 
Security, given in her Majesty's Remembrancer's Office, for 
2000Z. for Hamilton's observing the Acts of Trade, in the same 
Form as had been done for other Proprietary Governments, As 
likewise a Declaration and Promise under Mr. Penn's Hand, that 
the Queen's Royal Approbation and Allowance of the said 
Hamilton to be Deputy Governor of the said Province and Ter- 
ritories should not be construed in any manner, to diminish or 
set aside her Majesty's Claim of Right to the said three lower 
Counties upon Delaware; and also his Answer to the four 
Queries; and that their Lordships were, then, considering, 
(upon the said Queries and Answer) the ascertaining of one 
current Rate or Value of Coin in the Plantations on the Con- 
tinent of America, also, the Pretentions and Claim of Mr. Penn 
to the Power of Government in the thr.ee lower Counties ; and. in 
the mean time, they conceived it absolutely necessary for her Ma- 
jesty's Service in those Parts, and agreeable to the Charter 
granted to Mr. Penn, that all Persons in Judicial, or any other 
Offices in Pensilvania and the said Lower Counties, should be 
obliged to take the Oath or Affirmation directed by the Law of 
England ; and that no Judge should be allowed to sit on the 
Bench, who should not first take the Oath or Affirmation of a 
Judge, as directed by the Law of England, and that all Persons 
who in England are obliged, and are willing, to take an Oath in 
any publick or judicial Proceeding, be admitted so to do by the 
proper Officers and Judges in Pensilvania and the said Counties, 
and in default thereof, or in case the said Judges refuse to ad- 
minister the same, that their Proceedings be declared void and 
null; and that the Queen's Pleasure herein should be signified 
to Mr, Penn, and to the several Judges of her Majesty's Courts 
within those Territories ; and, considering the Uncertainty of 
the Voyage to Pensilvania, they further proposed that the 
Queen's Approbation of the said Hamilton to be Deputy Gov- 
ernor of that Province should be extended to the 1st of May 1704, 
an<l no longer. Co. Off. No. 6. 

Same Bay. 

The Queen's Order in Council stating the said Representation 
verbatim, approving of what was proposed thereby, and, accord- 
ingly ordering, that all Persons, injudicial, or any other, Office, 
in Pensilvania and the said Lower Counties, before their en- 
tering on the same, should take the Oath directed by the Law 



BOUNDARY QUESTION. 419 

of England, or the Affirmation: md that no Judge should be 
allowed to sit on the Bench, who should not first take the Oath 
of a Judge, or the Affirmation in lieu thereof; and that all Per- 
sons should be admitted to take an Oath by the proper Officers 
and Judges in Pensilvaniaand the said lower Counties: in De- 
fault of which their Proceedings are hereby declared null and 
void; and the said William Penn, and the several Judges of 
her Majesty's Courts within the said Province and Territories, 
and all others whom it may concern, are to take notice hereof 
and govern themselves accordingly. And her Majesty being 
pleased to extend her Allowance and Approbation of Andrew 
Hamilton Esq; to be Deputy Governor, for the said William 
Penn, of the said Province of Pensilvania, and the said Terri- 
tories adjacent, to the said 1st of May 1704, and no longer, Her 
Majesty is graciously pleased hereby to declare her Royal Ap- 
probation and Allowance of the said Andrew Hamilton to be 
Deputy Governor accordingly. Co. Off. No. 6 But Hamilton 
presently afterwards died. 

Note. 

Several of our Witnesses who have been examined in the 
Cause, say that they have not only seen many Dutch, but some 
Swedish Maps also, wherein both Capes, viz. Cape Cornelius, 
and Cape Hinlopen, were laid down exactly as they were in my 
Lord Baltimore's Map, by which the present Agreement was 
framed. And indeed, while the Swedes were in Possession, 
that Part now called Pensilvania and the lower Counties, was 
called New Sweedland ; 

Now we have a Swedish Book, printed in this Year 1702, 
which treats of New Sweden, now called Pensilvania, and was 
writ by Thomas Campanius Holm, wherein there is such a Map 
(at Fol. 27.) with both the Capes so to it. History of New 
Sweden in Quarto. 

But it is submitted to your Consideration whether we can, 
or should produce it, on the two following Considerations, 
(and especially as we are strong enough without it.) 

1. No Witness has spoke to this identical Map, as a particular 
Exhibit, tho' they say, in general, that they have seen Swedish 
Maps. 

2. This Book was printed but in 1702, since the Grant of Pen- 
silvania; and if we produce modern Maps, it may let the De- 
fendant in to do so also. 

Whereas, if we confine ourselves to such Maps as are proved 
in the Cause, and to such old Maps as were antecedent to the 
Year 1680, nothing can hurt us, but, if we let in all Sorts of 
Maps, we shall have modern Maps trumpt upon us by the De- 



420 PENNSYLVANIA AND MARYLAND 

fenclant, such as have been made since the Names of the Capes 
have been altered, and we shall not be able to shew (as Maps 
commonly have no Dates) whether they are ancient Maps or 
modern ones. 

Only thus, all the Maps which name Pensilvania must have 
been made since 1680. 

However, if new Maps, tho' not proved in the Cause, should 
be let in against us, in that Case, this foreign Map is the 
strongest Evidence for us; especially as our Proofs say the 
Witnesses have seen Swedish Maps, which by their Account of 
them must be either this, or some such as this. 

1703, July 11. 

The Queen's Order in Council, made upon reading a Repre- 
sentation from the Lords of Trade, dated the 9th Instant, upon 
the Petition of Mr. Penn, that John Evans may have her 
Majesty's Approbation to be Deputy Governor of Pensilvania, 
and annext Territories, in the place of Andrew Hamilton de- 
ceased, and their Lordships having received a good Character 
of the said Evans, they haze no Objection against her Majesty's 
Approbation of him accordingly; Her Majesty in Council ap- 
proving the same, Declares her Royal Allowance and Approba 
tion of the said John Evans to be Deputy Governor, for the 
said Mr. Penn, of the said Province of Pensilvania, and the 
annext Territories, as soon as Security shall be given for his 
observing the Acts of Trade and otherwise, as in the like 
Cases; and that Mr. Penn do renew the Declaration made by 
him, relating to her Majesty's Right to the three Lower 
Counties ; and the Lords of Trade ar3 to take care that the said 
Security be forthwith given, and the Declaration made, accord- 
ingly. Co. Off. No. 7. 

July 22. 

A Representation from the Lords of Trade to the Queen in 
Council, That they had required from Mr. Penn the Perform- 
ance of the Conditions exprest in the last Order; and had ac- 
cordingly received from him a Certificate of Security given in 
the Exchequer for 2000?. that the said Evans should duly observe 
the Acts of Trade, in the same Form as had been done for other 
Proprietary Governments ; as likewise a Declaration and Prom- 
ise, under Mr. Penn's Hand, that her Majesty's Approbation 
and Allowance of the said Evans to be Deputy Governor of 
the said Province and Territories should not be construed in any 
manner to diminish or set aside her Majesty's Claim of Right 
to the 3 lower Counties on Delaware River; whereupon, their 
Lordships are of Opinion that her Majesty do grant her Royal 
Approbation of the said Evans to be Deputy Governor of Pen- 



BOUNDARY QUESTION. 421 

silvania, without Limitation of Time, and of the 3 lower 
Counties during her Majesty's Pleasure only; and their Lord- 
ships lay before the Queen a Draught of Instructions., for Mr. 
Penn, relating to the Acts of Trade, to the like Effect as have 
been given to him, and ail other Proprietors of Plantations, 
upon the like Occasion. Co. Off. No. 8. 

July 30. 

The Queen's Order in Council, stating that last Representa- 
tion verbatim, and declaring her Royal Approbation, of the 
said Evans to be Daputy Governor of Pensilvania without 
Limitation of Time, and of the three lower Counties on Dela- 
ware River during her Majesty's Pleasure only. Co. Off. No. 8. 
We see. that, not only the Proprietor and People of Pensil- 
vana, in their publick Acts, but also private Persons (and 
some of Maryland also) in their private Deeds and Trans- 
actions, call'd the Three Lower Counties, the Territories 
annexed to the Province of Pensilvania; we also have 
seen the publick and general Acts of Assembly, so annex 
ing and uniting the said Province and Counties. We see 
the Crown, itself, in many of its Commissions, under the 
Great Seal, and other publick Acts, Orders of Council 
and Instruments, calls them the Territories annext to that 
Province, yet, the Defendant in his present Answer, Fol. 
13. 14. 15. has the Hardiness to deny that they were ever 
so called by any but Mr. Penn and his Dependants only ; 
whereas in his own Province he and his Ancestors past 
many old publick Acts of Assembly expressly calling them 
so, and tho' those old Maryland Acts are now repealed and 
gone, yet we shall find in 1704, in 1707, in 1715, and in 1724. 
Sundry Maryland Acts of Assembly, declaring them to be 
annext to Pensilvania, and also considering, and taxing 
them, as a distinct Government from Maryland, some of 
which Maryland Acts (viz. those in 1704. ) we now come 
to, and the residue of them will be stated afterwards, ac- 
cording to their order of time. 

1704, Sept. 30. 

A Maryland Act of Assembly, Repealing all former Acts of 
Assembly, made or enacted at any Time before the 26 April 1704, 
except two particular Acts therein specified, and except such 
as shall in this present Sessions be revived. Maryland Stat. 
Book, Fol. 44. 

Same Day. 

Another Maryland Act of Assembly for laying an Imposition 
on several Commodities exported out of this Province. It lays 
a Duty on several Sorts of Skins exported out of that Province 



422 PENNSYLVANIA AND MARYLAND 

by Persons inhabiting or residing within the Province of Mary- 
land, and laying, on the Exportation thereof by Non-Residents, 
double the Duties appointed to be paid by Persons inhabiting 
or residing within the Province. It also lays a Duty on Pork, 
Beef or Bacon exported out of that Province by Persons not 
being Inhabitants of that Province, and the Non-Residents ex- 
porting the same without Certificate of the Duty paid, to for- 
feit the same. And, for the better understanding what Persons 
shall be adjudged Non-Residents, it enacts that all Persons, 
trading to and from that Province, shall be adjudged Non- 
Residents, not having a seated Plantation of 50 Acres in which 
they shall have resided for a whole Year, and that within 12 
Months before they claim any Benefit by this Act, or that have 
a House, of such a Dimension, in some Port or Town, as his 
Freehold, wherein he shall have resided for a whole Year as 
aforesaid. And that no such Person, trading to and from this 
Province, having Houses in any Town or Port within the same, 
whereby they may claim any Benefit or Freedom in this Act 
given to the Inhabitants thereof, shall enjoy any such Benefit 
or Privilege longer than they, in such Port or Town, shall 
actually inhabit and reside. Maryland Stat. Book, Fol. 29. 

Now if the lower Counties were Part of Maryland, the Inhabi- 
tants there would be tree by this Act, but we shall, in evidence, 
find that the Inhabitants, in the lower Counties, are considered 
as liable to pay these double Duties, (when they trade out of 
Maryland) as being Non-Residents in Maryland. And we have 
yet much clearer Instances than this, 

1704, Sept. 30. 

Another Maryland Act of Assemby confirming to the Governor 
of this Province the Duty of 3d. per Ton upon the Burthen 
of Ships and Vessels. Lays that Duty upon all Ships and Vessels 
trading and coming into that Province, except such Ships and 
Vessels as are bona fide built in, or belong to the People of this 
Province. Maryland Stat. Book, Fol. 44. 

This Duty we shall find in Evidence, demanded of Ships 
belonging to the Lower Counties ; ergo, they are not in the Pro- 
vince of Maryland. 

1707, Apr. 15. 

Another Maryland Act of Assemby for preventing the Exporta- 
tion of Tobacco out of this Province by Land, before the Duties 
be paid or secured. Recites that it has been a Practice, by 
Merchants and other Inhabitants, as well of this Province, as of 
the Province of Pensilvania, and the Territories thereunto be- 
longing, to export by Land, from the upper Parts of this Prov- 
ince, into Pensilvania and the Territories thereof, Tobacco, 



BOUNDARY QUESTION. 428 

without paying or securing the Duty, to the Prejudice of the 
Trade of this Province. It enacts that all Persons who have 
Tobaccos in the upper Parts of this Province, and who shall 
permit the same to be carried out of their Houses in order to 
be rolled or carried over Land, into the Province of Pensilvania, 
or Territories thereunto belonging, without a Certificate of the 
Duties paid, shall forfeit 101. Sterling per Hogshead. Maryland 
Stat. Book, Fol. 49. 

This answers in both Points. 1. It shews that there are Ter- 
ritories belonging to Pensilvania; and 2. That they are out of 
the Province of Maryland, and we shall find, in Evidence, this 
Act enforced against People of the lower Counties. 

1703, June 2. 

A Report from the Lords of Trade to the Queen in Council, 
made in Obedience to an Order of Reference of the 20th of May 
upon the Petition of William Penn Esq; praying that Captain 
Charles Gookin may have the Queen's Approbation to be 
Deputy Governor of Pensilvania in the place of John Evans 
Esq; whereby their Lordships represent to the Queen that hav- 
ing received a good Character of the said Gookin from Lieu- 
tenant General Erie, in whose Regiment he had served many 
Years, they had no Objection against her Majesty's Approbation 
of him accordingly, Security being first given for his observing 
the Acts of Trade and Navigation as in like Cases, and that 
Mr. Penn do renew the Declaration made by him relating to 
her Majesty's Right to the three Lower Counties. Co. Off. No. 
9. 
June 26. 

The Queen's Order in Council, stating that Report verbatim, 
Her Majesty in her Privy Council approving the same, is pleased 
to declare her Royal Allowance and Approbation of the said 
Charles Gookin to be Deputy Governor of the said Province of 
Pensilvania, in the place of the said John Evans, as soon as Se- 
curity shall be given for the said Gookin' s observing the Acts of 
Trade and otherwise, as in the like Cases has been usual ; and 
that Mr. Penn do renew the Declaration made by him relating to 
her Majesty's Right to the 3 Lower Counties; and the Lords 
of Trade are to take Care that the said Security be forthwith 
given, and the Declaration made accordingly. Co. Off. No. 9. 

July 8. 

A Representation from the Lords of Trade to the Queen in 
Council, that, in obedience to the last Order relating to the 
Queen's Royal Approbation of Gookin to be Deputy Governor 
of Pensilvania, and annext Territorys, they have required, from 
Mr. Penn, the Performance of the conditions therein exprest, 



424 PENNSYLVANIA AND MARYLAND 

and having received from him a Certificate of Security given 
in the Exchequer for 2000Z. that the said Gookin shall observe 
the Acts of Trade, in the same Form as has been done for other 
Proprietary-Governments; as likewise, a Declaration and Pro 
mise, under Mr. Penn's Hand, that the Queen's Approbation 
and Allowance of the said Gookin to be Deputy-Governor of 
the said Province and Territorys, shall not be construed in any 
manner to diminish or set aside her Majesty's Claim of Right 
to the 3 Lower Counties on Delaware River, they are of opinion 
that her Majesty do grant her Royal Approbation of the said 
Gookin to be Deputy-Governor of Pensilvania, without Limita- 
tion of Time, and of the 3 Lower Counties during your Majesty's 
Pleasure only; and we lay before your Majesty a Draught of 
Instructions, for Mr. Penn, relating to the Acts of Trade, to 
the like Effect as have been given to him and all other Proprie- 
tors of Plantations upon the like Occasion. Co. Off. No. 10. 

July 18. 

The Queen's Order in Council, upon reading that Representa 
tion, which is inserted verbatim therein, declaring her Royal 
Approbation of the said Gookin to be Deputy-Governor of 
Pensilvania, without Limitation of Time, and of the three 
lower Counties on Delaware River during her Majesty's Pleasure 
only. Co. Off. No. 10. 

Note — This last Report and Order are also entred in New- 
castle Records, No. 11. Pol. 96. 

Sept. 3. 

From Newcastle Records, the Inrollment of the Commission 
granted by Mr. Penn, as true and absolute Proprietary and 
Governor in Chisf of the Province of Pensilvania and Counties 
of Newcastle, Kent and Sussex, lying on Delaware and the East- 
ern Sea, which shortly recites the Patent for Pensilvania, and 
the Duke of York's Possession and Dieds to Mr. Penn for the 
three lower Counties, and appoints Colonel Charles Gookin to 
be Deputy or Lieutenant-Governor of the said Province and 
Counties. Dated in the 20th Year of Mr. Penn's Government. 
Newcastle Records, No. 11. Fol. 95. 
Oct. 6, 7. 

Original Indentures of Lease and Release, whereby, in con- 
sideration of 3100Z. paid by Henry Gouldney, Joshua. Gee, Sil- 
vanus Grove and John Woods, 1000Z. by Thomas Callowhill, 
1500/. by Thomas Callowhill, Thomas Oade and Jeffery Pennell, 
and 1000Z. by John Field and Thomas Cuppage (making in all 
6600Z. ) The said William Penn the Patentee, and William Penn 
Esq; then his Son and Heir apparent, mortgaged unto the said 
Henry Gouldney, Joshua Gee, and others, the Province of Pen- 



BOUNDARY QUESTION. 425 

silvania, and all Franchises, Powers, and Territories thereunto 
belonging, and all Rents.. Issues and Profits, and the said Town 
of Newcastle, and the Tract of Land within the Compass or 
Circle of 12 Miles about the same; and all Islands in the River 
Delaware, and. the said River and Soil thereof, with all Rents. 
Franchises and Jurisdictions thereto belonging; and all that 
Tract of Land upon Delaware River and Bay, beginning 12 
Miles South of the Town of Newcastle, and extending South 
to the Whorekills, otherwise called Capin Lopen ; and all Royal- 
ties, Franchises and Rents thereto belonging; to hold unto the 
said Henry Couldney, Joshua Cfee, and others the said Mort- 
gagees in Fee, Provise for Redemption on Repayment of the 
6600Z. and Interest, at 6 per Cent, on the 8th of October 1710. 
Original Indentures of Mortgage proved in the Cause by Mr. 
Page. 

Note — It will appear in Evidence how great Distress Mr. Penn 
was under at this time, wherefore, this was thought a proper 
Season for that very Lord Baltimore, Avith whom he had had 
the former Contest, and so very many Hearings in the Years 83, 
84, and 85, to make a second Attempt against Mr. Penn. 

Jan. 9. 

The Lord Baltimore by his Petition to the Queen in Council 
suggested, that King Charles the Second, by a Letter dated the 
second of April 1681, taking notice of a Grant made to Mr. 
Penn of Pensilvania, did command the Petitioner and the said 
Penn to join in making a true Division and Separation of the 
Provinces of Maryland and Pensilvania, according to the De- 
gree of Northern Latitude; which Letter was sent to the Peti- 
tioner, by Captain Markham, together with a Letter from the 
said William Penn, pressing the Petitioner to a speedy Com- 
pliance with his Majesty's Commands ; To which the Petitioner 
was then, and had been ever, ready to submit, as by the said 
Letter thereto annext might appear. That the said Penn hav- 
ing, by his Agents, taken private Observations of the Degrees, 
and being informed that the 40th Degree Northerly would not 
give him a Port at the Head of the Bay Chesopeak, surrepti- 
tiously procured a second Letter, dated 19 August 1682, which 
having no relation to the Bounds of either Province, being 
obtained by Misrepresentation, was by the said Penn laid aside. 
And thereon the said Penn make an offer to the Petitioner, 
that if the Petitioner would allow him a convenient Port at the 
Head of the said Bay of Chesopeak at reasonable and gentle 
Rates, he then would, in obedience to the King's first Letter, 
join with the Petitioner to take an Observation at the Head 
of the said Bay, in order to fix the 40 Degrees of Northerly 
Latitude, being the Northern Bounds of Maryland, and South- 



426 PENNSYLVANIA AND MARYLAND 

ern Bounds of Pensilvania; and that, on no other Terms, he 
would comply with, or obey, the King's Letter of 2 April 1681. 
That on 7 November 1685, the said Penn, falsely suggesting 
that the Petitioner by his Grant from the Queen's Grandfather, 
was to have no land but what was cultivated by Savages, (tho' 
the said Suggestion was directly contrary to the Words and 
Intent of the Petitioner's Grant) obtain'd an Order of Council, 
for dividing an Isthmus of Land, lyina- between the River and 
Bay of Delaware and the Eastern Sea, on the one Side, and 
Chesopeak Bay on the other; and thereby has endeavoured 
without your Petitioner's being ever heard to, or having notice 
of such Order, to deprive your Petitioner of his Inheritance 
granted to him by the Bounty of the Queen'-s Grandfather. 
Therefore, prays that the said order thus surreptitiously gotten, 
may be set aside, and that the Boundaries of the said two Prov- 
inces may be ascertained pursuant to the King's Letter of 2 April 
1681. Co. Off. No 11. 

King Charles the 2d's Letttr to Lord Baltimore of 2 April 1681, 
(according to the Copy annext to the foregoing Petition) recited 
the Grant of Pensilvania, just then made to Mr. Penn, and 
recommended him, and his Deputies and Officers, to the friendly 
Aid and Assistance of the Lord Baltimore, willing and requir- 
ing Lord Baltimore, to do him all the Offices of good Neigh- 
bourhood which might tend to the mutual Benefit of the King's 
Subjects within thel Provinces under their respective Proprie- 
ties; and moreover the King thought fit that, in order thereto, 
Lord Baltimoi-e should appoint, with all convenient speed, some 
Persons, who might, in Conjunction with the said William 
Penn, make a true Division and Separation of the said Provinces 
of Maryland and Pensilvania, according to the Bounds and 
Degrees of Northern Latitude exprest in the said Letters Patent, 
by settling and fixing certain Land -marks, where they should 
appear to border upon each other, for the preventing and avoid- 
ing all Doubts and Controversies that might otherwise happen 
concerning the same. Co. Off. No 11. 

The Letter, supposed to have been writ by Mr. Penn to Lord 
Baltimore, according to the Copy annext to that Petition, was 
dated 10 April 1682, and was a very civil, but general Letter, 
containing nothing in particular or material. Co. Off. No 11. 

Jan. 9. 

The Queen's Order in Council, made upon reading the Lord 
Baltimore's Petition, whereby it was ordered that the said 
Petition should be referred to the Lords of Trade, to examine the 
Allegations thereof, and report what they conceived her Majestv 
might fitly do therein. Co. Off. No 12. 



BOUNDARY QUESTION. 427 

Jan. 27. , 

Hereupon, in a very few days, Mr. Penn petitioned the Queen 
in Council, setting forth that, in 1683, Lord Baltimore com. 
plained to King Charles the 2d in Council that Mr. Penn had 
invaded that Lord's Boundary in Maryland; and, praying Re- 
dress therein, obtained a Summons for the now Petitioner, who 
was then in Pensilvania laying the Foundation of that now 
growing Colony. That the now Petitioner, in Obedience to 
such Summons, upon the first Notice of it, returned into Eng- 
land, to the vast Prejudice of his Interest in America; and in 
regard both the Lord Baltimore and himself were Grantees 
under the Crown, the now Petitioner joined with the said Lord 
in submitting their Boundaries to the Decision of the King 
as their Supreme Landlord. That the King referred the same 
to the Lords Committee for Trade and Plantations (then con- 
sisting of the whole Privy Council) who, after several Hearings 
of the Lord Baltimore and the Petitioner, and of their respective 
Council and Advocates, in the Years 84 and 85, and long Delib- 
eration had of the Allegations and Proofs produced before them, 
reported their Opinions thereon, and how the said Boundaries 
should be settled ; which Report was in November 1685, ap- 
proved of and confirmed, by an Order of the King in Council. 
That the Petitioner, not doubting but that the Lord Balti- 
more would acquiesce under the Royal Determination, which 
himself had desired, the Petitioner and his Tenants have, ever 
since, improved the disputed Lands which were allotted to the 
Petitioner. But, to his great Surprize, after 23 Years quiet 
Possession under that Sentence, the Lord Baltimore has lately 
petitioned the Queen to set aside the King's Order in Council, 
which was intended to be final, which Petition the Queen has 
referred to the present Lords Commissioners for Trade and 
Plantations. The said boundaries having been solemnly settled, 
by a Judge of Lord Baltimore's own chusing, after the most 
deliberate and nice Enquiry into the Merits of his Complaint, 
and having been accordingly enjoyed so many Years — Mr. Penn 
prayed that the Queen would not countenance an Attempt "so 
injurious to Property and the Rights of her subjects, but would 
order the Lord Baltimore's Petition to be dismist. Co. Off. No 13. 

Jan. 27. 

By the Queen's Order in Council made upon reading Mr. Perm's 
Petition, and taking it into her Consideration, Ordered that 
the Lord Baltimore's said Petition should be dismist; and that 
the Lords of Trade, to whom that Petition had been by Order 
of the 9th Instant referred, should not proceed to examine into 
the Allegations thereof, as by that Order had been directed. 
Co. Off. No 14. 

And so Lord Baltimore's second Application was dismist. 



428 PENNSYLVANIA AND MARYLAND 



Chap. IX. From the second Determination in the Plaintiffs 
Favour, in January 1708, to the third Determination in their 
Favour, on 23 June 1709. 

1709, Apr. 16. 

Mr. Perm petitioned Queen Anne in Council that, since both 
Provinces of Maryland and Pensilvania had long desired the 
Settlement of their respective Boundaries, and that this Peti- 
tioner had done his Endeavour to perform the same, and that, 
in pursuance of divers Orders from the Lords of Trade thereunto 
annext, sent, both to the Lord Baltimore and the Petitioner; 
which meeting with a Disappointment on Lord Baltimore's 
side, his Agents refusing the Petitioner when upon the Spot, a,l- 
ledging they had no Instructions from their Lord for that pur- 
pose, The Petitioner prays the Queen to direct the respective Of- 
ficers of both Proprietaries to pursue the said Orders and former' 
Instructions thereupon granted after many deliberate Hearings 
in the Years 83, 84, and 85. Co. Off. No. 15. 

Surely Mr. Penn thought the Order in 85. related to him, 
and was in his favour, (though said to remain to his 
Majesty) otherwise, he would not have tried to enforce 
it thus. 

Apr. 16. ' 

The Queen, by Order in Council, upon reading this Petition, 
referred the Consideration thereof to the Lords of Trade to 
state the Matter of Fact according to former Proceedings, and 
to report to her Majesty what fit to be done thereupon. Co. 
Off. No. 15. 

But Lord Baltimore, then, was afraid of this Order of 1685, 
and tried every way to get rid of it. 

May 19. 

Lord Baltimore presented another Petition to the Queen in 
Council. Says he petitioned her Majesty 9. January last to be 
relieved against the Order of Council of 7. Novamber 1685. 
obtained on false Suggestions by Mr. Penn Proprietor of Pen- 
silvania, whereby an Isthmus of Land in Maryland was ordered 
to be divided, and one Moyety was adjudged to belong to the 
Crown and the other Moyety to the Petitioner. That the 
Order, so obtained, depriving the Petitioner of his Inheritance, 
without being ever heard by himself or Council, he did by his 
said former Petition, pray her Majesty to set it aside, and that 
the Boundaries might be settled pursuant to King Charles's 
Letter of 2. April 1681. That the Petitioner hoped her majesty 
would have heard that Matter, before herself in Council, that 



BOUNDARY QUESTION. 429 

thereby he might have made out his Right to the said Isthmus, 
and have proved the Artifices Mr. Perm had used to deprive him 
of his Property; but the Queen having referred his said former 
Petition to the Lords of Trade, he chearfully submitted thereto, 
and prepared to verify his Petition and make out his Right 
before them. That Mr. Penn, knowing his Pretentions would 
not bear a Scrutiny before any Judicature, had lately petitioned 
the Queen, suggesting that the said Order of 7. November 1685 
was obtained after several Hearings of the now Petitioner his 
Council and Advocates; whereas the Petitioner can fully prove 
that he had no notice of the said Order, and that the same was 
not insisted on or notified to the Petitioner, by the said William 
Penn till about two Months past; and by these and other Sug- 
gestions, which the Petitioner hopes to prove groundless and 
false, the said Penn has obtained an Order of Council of 27 Jan- 
uai-y last, for dismissing the Petitioner's Order of Reference to 
the Lords of Trade, and his Petition also — whereby the Peti- 
tioner is wholly destitute of Means to assert his Property and 
prove his Right to the said Isthmus. He therefore prays to be 
heard by his Council against the said Order of 7 November 1685. 
and that the Differences between the said Penn and the Peti- 
tioner, touching the Boundaries between the said Provinces of 
Maryland and Pensilvania, might be adjusted according to King 
Charles the 2d's Letter of 2 August 1681. Co. Off. No. 16. 

So very bold an Assertion, so strongly affirmed and repeated 
did obtain a Hearing. 

1709, May 19. 

By Order in Council made upon reading this last Petition, 
her Majesty ordered that the Matter thereof should be heard 
before herself in Council, upon 9th June next, whereof all Parties 
concerned were to take notice, and come prepared to be heard 
with their Council learned at that time, accordingly. Co. Off. 
No. 17. 

June 9. 

Her Majesty in Council ordered that the Hearing of the Matter 
in Difference between Lord Baltimore and Mr. Penn, appointed 
for this Day, be put off to the 23d Instant, whereof the Parties 
concerned are to take notice, and come prepared to be heard, by 
their Council learned at that time. Co. Off. No. 18. 
June 28. 

An Order. Present the Queen in Council and also (amongst 
divers other Lords) the Lord Chancellor, the Lord Chief Justice 
Holt, the Master of the Rolls, and the Lord Chief Justice 
Trevor (every Law Lord of the Council) . It recites the Lord 
Baltimore's Petition, and that it had been appointed to be 



430 PENNSYLVANIA AND MARYLAND 

heard in Council. And accordingly, both Parties this Day, 
attending, and being fully heard, with their Council learned, 
"And it appearing, by authentick Copies of Proceedings at 
" this Board, that, as well the Petitioner, as the said Mr. Penn, 
- had been divers times heard, before the making of the said 
" Order, her Majesty, with the Advice of her Privy Council, is 
" pleased to order, that the Lord Baltimore's Petition be dismist 
" this Board ; and that the above mentioned Order of Council of 
13 November 1685, be ratified and confirmed in all its Parts, and 
be put in Execution without any further Delay; whereol the 
Parties concerned are to take notice, and yield Obedience ac- 
cordingly. Co. Off. No. 19. 
So ended Lord Baltimore's third Application. 



Chap. X. From June 1709. to the Time of the Death of Mr. 
Penn the Patentee in 1718. 

1715, Apr. 26. 

An Act of Assembly past in Maryland, prohibiting the Im» 
portation of Bread, Beer, Flower, Malt, Wheat or other Indian 
or English Grain or Meal, Horses, Mares, Colts or Fillies, from 
Pensilvania and the Territories thereto belonging. It enacts 
that no Person shall import from the Province of Pensilvania, 
or the Territories thereto belonging, or from any other Planta- 
tion, Province or Colony in the Continent of America, into any 
Port of this Province, any Quantity of those goods, on pain of 
forfeiture. Maryland Stat. Book, Fol. 73. 

Apr. 26. 

Another Maryland Act of Assembly, laying an Imposition on 
Negroes and on several sorts of Liquors imported, &c. — Enacts 
that the Importers of Rum, Spirits, Wine and Brandy from 
Pensilvania and the Territories thereto belonging, by Land, 
shall pay a duty of 9d. per Gallon, to be collected by the Naval 
Officer of Cecil County, and shall bring the said Liquors into 
this Province to the Place called Bohemia Landing, and to no 
other Place, until the Duties be paid, on pain of Forfeiture. 
And, before such Liquors shall be water born in Chesapeak 
Bay, the Importer shall enter the same upon oath, with the 
Naval Officer of Cecil County District ; and if any Importer 
after he has brought the same to Bohemia Landing shall put 
the said Liquors on board any Vessel in Chesapeak Bay before 
the Duty paid, the same shall be forfeited. Proviso that any 
Person importing the Liquors aforesaid from Pensilvania in 
Sloops, by Sea, through the Capes of Chesapeak into this 
Province, shall only pay the Duty of 3d. per Gallon, as others do. 



BOUNDARY QUESTION. 431 

It also lays a Duty of 20s. Sterling per Poll on all Irish Servants 
imported into Maryland by Land or Water, and the like upon 
Negroes. But no Ship built in this Province, whereof all the 
Owners shall be actual Residents of this Province, nor any Ship, 
English or Plantation built, purchased and held by Owners 
which are all Residents within this Province, shall be liable 
to pay any the Duty before mentioned. Maryland Statute 
Book, Fol. 157. 

We shall see in Evidence by and by, that all these Duties 
were constantly exacted from Persons of the lower Counties; 
Ergo, they are of a distinct Colony, and not imagined, in 
Maryland itself, to be a Part of that Province, but, as the Very 
Acts call them, Territories belonging to Pensilvania. 

1716, Nov. 12. 

An Order of the Prince (Regent) in Council, made upon a Re- 
port from the Lords of Trade, upon a Representation from 
William Penn, praying the Approbation of William Keith Esq ; 
nominated by the said Proprietor to be Lieutenant Governor of 
that Province, And the Lords of Trade having no Objections to 
his being Deputy Governor, His Royal Highness declares his 
Allowance and Approbation of the said William Keith to be 
Deputy Governor of the said Province of Pensilvania, provided 
that the said Keith qualify himself for that Trust, in such man- 
ner as the Law requires, and that Security be given for his ob- 
serving the Acts of Trade, and obeying such Instructions as 
shall be sent him from his Majesty ; and provided that Mr. Penn 
renew the Declaration made by him relating to his Majesty's 
Right to the three lower Counties; and the Lords of Trade 
are to take care that such Security be given and such De- 
claration be renewed accordingly. Co. Off. No. 20. 

Dec. 16. 

A Representation from the Lords of Trade that they have re- 
quired from Mr. Penn the Performance of the Conditions re- 
quired by that Order, that they have had a Certificate of Secur- 
ity being given in the Exchequer for 2000Z. to observe the Acts of 
trade, in the same Form as for other Proprietary Governments ; 
as likewise a Declaration and Promise under Mr. Penn's Hand 
that the Approbation and Allowance of the said Keith to be 
Deputy Governor of the said Province and Territories shall not 
be construed in any manner to diminish or set aside his Ma- 
jesty's Claim of Right to the three lower Counties on Dela- 
ware Riv?r, And therefore are of opinion his Highness should 
grant his Approbation of the said Keith to be Deputy Gov- 
ernor of Pensilvania without Limitation of Time, and of the 
three lower Counties during his Majesty's pleasure only. And 



432 PENNSYLVANIA AND MARYLAND 

they lay before his Royal Highness a Draught of Instructions 
for Mr. Penn relating to the Acts of Trade, to the like Effect 
as has been given to him and all other Proprietors of Planta- 
tions on the like Occasion. Co. Off. No. 21. 

Dec. 17. 

By Order in Council, made on reading the said Report, the 
Royal Approbation of the said Keith to be Deputy Governor of 
Pensilvania without Limitation of Time, and of the three lower 
Counties on Delaware River during his Majesty's Pleasure only, 
is given. Co. Off. No. 21. 

Dec. 29. 

A Petition, presented to the King at Hanover, by the late 
Earl of Sutherland ; Suggesting that there were considerable 
arrears due to him since the Revolution, amounting to above 
20,000Z. and he had shewn great Zeal and Activity for the Pro- 
testant Succession, both before and since his Majesty's Acces- 
sion, and given singular Proofs of his Fidelity and Affection to 
his Majesty, by his Services in Scotland during the Rebellion 
there ; wherefore, prays the King to grant him a Charter of cer- 
tain Lands lying upon Delaware Bay in America, commonly 
called the Three lower Counties, which he is ready to prove do 
belong to the Crown. Botra No. 23. 

Dec. 29. 

A Reference thereon, dated at Hanover, and sign'd by Mr. 
Secretary Stanhope, whereby his Majesty referred the same to 
the Lords of Trade to consider thereof, and report their Opin- 
ion what was fit for his Majesty to do therein, whereupon the 
King would declare his further Pleasure. Botra, No. 23. 

Dec. & Feb. 

This Memorial was also referred to the Attorney General and 
to the Sollicitor General by the Secretary of State. Sec. Off. 

1717, Octob. 21. 

Mr. Attorney and Sollicitor General (Nor they and Thomp- 
son) made a Report to the King, stating the beforementioned 
Petition. And that they had given notice of the same to the 
Persons concerned for William Penn Esq; and several Mort- 
gagees and Purchasors under him, and also to the Lord Balti- 
more, who, severally, claim Title to the said lower Counties, 
being called Newcastle, Kent and Sussex. That they had heard 
them, and their Agents, thereupon. And they certify his 
Majesty that Mr. Penn is intitled to the Plantation of Pensil- 
vania: but that these Counties are not included in such Grants, 
and his Title to Pensilvania was not then contested. 



BOUNDARY QUESTION. 433 

And as to the King's Title, which the Earl of Sutherland 
had undertaken to make out, to the said three lower Counties, 
he insisted that the same were gained by Conquest, by the 
Subjects of the King's Predecessors, or granted to the King's 
Predecessors by the Possessors thereof; and that, thereby, the 
King's Predecessors became intitled to the same; for that a 
Subject of the Crown could not make foreign Acquisitions by 
Conquest, but for the Benefit of the Crown and that the Length 
of Possession will be no Bar to the Crown. That, for several 
Years past, Mr. Penn had had the Possession of the said lower 
Counties, under a Pretence of a Grant thereof, to him made 
in 1682, by the Duke of York who then had the Possession of 
New York and of the said three lower Counties, but had no 
Right to the said lower Counties, and therefore could not 
transfer any Right in the same to Mr. Penn; which appears, 
for that the Duke of York, in 1683, obtained a Warrant, from 
King Charles the Second, to pass a Patent, whereby the said 
three lower Counties should have been granted to the Duke of 
York, and a Copy of a Bill, to pass into a Grant, in April 1683, 
to the said Duke of York, of the said three lower Counties, 
was produced by the Earl of Sutherland ; who alledged the 
same was never past into a Grant; and that, if the same had 
past into a Grant, it would not have made Mr. Penn's Title 
to the said three lower Counties good, the Title of Mr. Penn 
under the Duke of York being precedent to the Title of the 
Duke of York; but that the same remained in the Duke of 
York, and is, consequently, now in the King: And that the 
King's Title further appears, for that after, in May 1683, when 
the Lord Baltimore by Petition opposed the passing the said 
Bill under the Great Seal, Mr. Penn, then, appeared against 
the Lord Baltimore as Agent for the Crown, and not on behalf 
of himself; and Mr. Penn, under his Hand, has declared that 
the King's Approbation and Allowance of the Deputy Gov- 
ernor of Pensilvania and the three lower Counties, named by 
him, shall not be construed to diminish or set aside the Right 
Claimed by the Crown to the said three lower Counties. Be- 
sides the Earl of Sutherland insists that, in the Grant of the 
Duke of York in 1682, to Mr. Penn, of the said three lower 
Counties, there is a Reservation of an Account to be made, of 
one Moyety of the Profits of the Lands thereby granted ; touch- 
ing which no Account has yet been rendered by Mr. Penn, and 
that, therefore, if the said Grants of 1682, were effectual, Mr. 
Penn is yet accountable to the King for the Moyety of all the 
Profits of the Lands, so granted, from the Year 1682 according 
to the said Reservation; and if the Earl cannot, by the King's 
28— Vol. XV. 



434 PENNSYLVANIA AND MARYLAND 

Favour, be in tit led to the said three lower Counties, he prays 
he may have the Benefit of the said Account. 

That, in Answer hereto, on behalf of Mr. Penn's Mortgagees 
and other Purchasors under him, it is alledged, that King 
James, when Duke of York, was seised in Fee of the said three 
lower Counties ; and as one Argument, to prove such Seizing, 
they produced the Letters Patent dated 29 June, 26 Car. 2di, 
whereby King Charles granted to the Duke of York such and 
such Lands (which the Report enumerates verbatim) ; within 
the Descriptions of which Grant, it has been agreed by both 
Parties, that the said three lower Counties are not contained ; 
but, on the behalf of Mr. Perm, &c. it has been insisted that, 
bv the General Words, "Together with all the Lands, Islands. 
"Soyles, Rivers, Harbours, &c. and all other Royalties, Profits. 
" Commodities and Hereditaments to the said several Islands, 
"Lands and Premises belonging and appertaining, with their 
"and every of their Appurtenances," the said three lower 
Counties did pass, as belonging to the Premises expressly granted 
by the said Letters Patent: for that the three lower Counties 
were enjoyed by the Duke of York, together with New York, 
which was granted by the said Letters Patent to the said Duke 
of York, till he granted the same to the said Penn in 1682, by 
the Grants herein after mentioned : which seems difficult to us 
to be maintained, since the Abuttal in the said Letters Patent 
exclude the three lower Counties; but they presume the late 
Duke of York might have some other Grants thereof, [so we 
find he had, of the three lower Counties expresly] which Mr. 
Penn might give an account, but cannot, being under a Lunacy. 
We further certify that, by indenture dated 24th August 1682, 
the Duke of York bargained, sold and enfeoffed, to Che said 
William Penn and his Heirs, the Town of Newcastle and Tract 
of Land about the same, &c. under the yearly Rent of 5s. with 
a Covenant for further Assurance, and appointed Attornies to 
deliver Seizin; and by another Indenture, dated the said 24th 
August 1682, bargained, sold and enfeoffed, to the said William 
Penn and his Heirs, the other Tract South from Newcastle, 
and extending South to the Whorekills alias Capin Lopen, &c. 
In which last Indenture there is Mr. Penn's Covenant to account 
and pay one Moyety of the Profits, with Power of Distress in 
case of Non-payment, and the Duke appointed Attorneys to 
deliver Seizin of the last Premises also. That those Deeds were 
entred in the Office of Records for New York on 21 November 
1682, within which said Grants the three lower Counties were 
contained ; but the Covenant to account extends only to what 
is included in the last Grant. 
The Report states, also, the Order, made by the Commander 



BOUNDARY QUESTION. 435 

in Chief and Council at New York on 21 November 1682, recit- 
ing the said two Indentures, and directing the several Magis- 
trates to yield Obedience to the Powers thereby granted to Mr. 
Penn. 

The Report, likewise, states an Affidavit, made by Thomas 
Grey, that he lived in Pensilvania from 1699 to 1707, and made 
out, and saw many Patents, or Grants and Warrants, whereby 
considerable Quantities of Lands, lying in the said three lower 
Counties, which as he deposes, are esteemed to belong to Pen- 
silvania, were granted to divers Persons in Fee; some of which 
Grants or Warrants were signed by Mr. Penn, and the rest by 
his Agents or Commissioners, and all sealed with the Seal of 
the said Province; and that he has seen great Improvements, in 
Building and Planting, by Persons claiming under such Grants. 
That many of the said Inhabitants, who were reputed to have 
settled Lands in th.3 lower Counties by Grants from the Swedes 
or Dutch, when the said Counties wei'e in their hands respec- 
tively, or from the Governors of New York, under the late 
Duke of York, when the same was in his hands, did, upon 
making up their Accounts of Quit-Rents, due from them to the 
said William Penn for their Lands, except new Patents from 
the said William Penn or bis Agents, and have since much en- 
creased their Improvments thereof, both in Building and Plant- 
ing. That he has seen Patents, or Instruments, for conveying 
Lands, in the said Lower Counties, to divers of the ancient 
Inhabitants, as well from the Swedes or Dutch as the Governors 
of New York under the late Duke of York ; as also Commissions 
under the Hands of some one of the said Governors of NeAv 
York, constituting Magistrates and Officers in the said Lower 
Counties. That he believes the Patents of Lands in the said 
lower Counties, granted by the Governors of New York, were 
registered at New York; and that, if Search were made in the 
Secretary's Office there, the same would appear so to be. That 
he believes much the greatest Part of the Inhabitants of the 
Lower Counties who have Land there, hold the same Dy Title 
under Mr. Penn; and that several, who hold Land there by 
other Title, have delivered the same up, and accepted new 
Grants from Mr. Penn. 

That it appears, by other Affidavits, that the Naval Store 
Company at Bristol have purchased of Mr. Penn 3120 Acres, in 
Kent County, and have already, in the Purchase, and by Im- 
provements, expended 2000/. and are, by Articles to lay out 3000/. 
more. 

And as to the Objections that the Duke of York, in 1682. had 
no Title to the Lower Counties, and that therefore those 
Grants, then made to Mr. Penn, were void, which appears by 



436 PENNSYLVANIA AN]) MARYLAND 

the Copy of the Bill dated 13 April 1683, in order t^ be past 
into a Grant to the Duke of York, and which is, after the Grant 
by the Duke to Mr. Penn, and which Bill recites a Surrender 
of certain Letters Patent dated 22d March then last (which 
Grant could not be, then, found) *0n the behalf of Mr. Penn 
itwasalledged, that it was probable the said Bill in 1683 might 
have past into a Grant, for they produced, from the Hanaper 
Office, where entries are made of Grants, that pass the Great 
Seal, an Entry of 16 April 1683, of a Grant to the Duke of, York 
of the Town of Newcastle, such Entries not being made there 
but where Letters Patent do pass; which Patent might happen 
not to be inrolled (as it is not) by the Neglect of the Riding 
Clerk. 

And as to the Objection that, if it were inrolled, the same is 
subsequent to the Grant to Mr. Penn, and that Mr. Penn ap- 
peared as Agent for the Crown against the Lord Baltimore, 
they insist that Mr. Penn, having a Grant then, so lately, from 
the Duke, might make use of the Duke's name, with his Leave, 
in Trust for Mr. Penn; which they rather apprehended, for 
that the Possession was always suffered to remain with Mr. 
Penn : and that, if the Grant was past, and was in Trust for 
Mr. Penn, it extinguish t the Covenant, from Mr. Penn for ac- 
counting. 

Besides, in the said last Grant to the Duke of York, it is re- 
cited that the Lands were formerly the Claim and Possession 
of the Dutch, and had been surrendered unto the Lieutenant 
Governor of the said Duke of York, and had, for several Years, 
been in his Possession, which might enable him to make the 
Grants in 1682, to the said Mr. Penn. 

And, on behalf of the Purchasors, it has been insisted, that 
it would be very hard to put them to any Trouble, who have 
bought under the Title and Enjoyment of Mr. Penn, and have 
laid out great Sums of Money in improving their Purchases. 

And as to the Title claimed by the Lord Baltimore, we are hum- 
bly of opinion that the same has already received a full and 
final Determination; for that, 31 May 1683, Richard Burk, Gent. 
Servant to Charles then Lord Baltimore, praying that the said 
Bill of 1683 might not pass the Great Seal, until his then 
Majesty should be satisfied of the Extent of the Letters Patent, 
formerly granted to Cecil Lord Baltimore, wherein the said 
Town and adjacent Country is alledged to be comprized; which 
said Petition being referred to the then Lords Commissioners 
for Trade and Plantations, on the 13th of November 168r>, their 
Lordships made their Report, wherein they report, that having 

*(but that Grant is now found) 



BOUNDARY QUESTION. 437 

examined the Matters, in Difference between the Lord Baltimore 
and William Penn Esq; on behalf of his then Majesty, concern- 
ing a Tract of Land called Delaware, they found the Land in- 
tended to be granted to Lord Baltimore, was only Lands un- 
cultivated and inhabited by Savages, and that the Tract of 
Land then in Dispute, was inhabited and planted by Christians, 
at and, before the Date of the Lord Baltimore's Patent, as it 
had ever since, to that Time, and continued as a distinct Colony 
from Maryland; so that their Lordships humbly offered their 
Opinion, that, for avoiding further Differences, the Tract of 
Land, lying between the River and the Eastern Sea on the one 
side, and Cheasapeak Bay on the other, be divided into equal 
Parts, by a Line from the Latitude of Cape Hinlopen to the 
40th Degree of Northern Latitude, and that one half thereof, 
lying towards the Bay of Delaware and the Eastern Sea, be ad- 
judged to belong to his Majesty, and the otlier half to Lord 
Baltimore; which Report his then Majesty was pleased to ap- 
prove of, and to order the said Lands to be divided accordingly, 
and the Lord Baltimore and William Penn required to yield 
due Obedience thereunto ; Which Report was also confirmed 
23d June 1709, by her late Majesty Queen Anne in Council. 

However, this Petition, on behalf of the Lord Baltimore, 
is a very great Argument that the Bill of 1683 to the late Duke 
of York, never passed the Great Seal, as on Mr. Penn's behalf 
is supposed, for that it being stopped, as must be presumed on 
that Petition or Grant, after that Matter settled, which was in 
1685, in the Reign of the said Duke, when King of England, 
could not pass the Great Seal, in the Name of King Charles, to 
the Duke of York, then being King of England, but the Entry 
in the Hanaper Office might have been made when the Privy 
Seal was brought to the Great Seal, to be nassed into a Grant. 

On the whole matter, we humbly submit it to your Majesty's 
Consideration, whether it will not be reasoable that your Majes- 
ty's Title should be established by the Court of Chancery before 
any Grant should be made of the Premises; and if any Grant 
should be made, we most humbly submit it to your Majesty, 
whether the Claims of Purchasers or Grantees under Mr. Penn, 
who have improved that Part of the said three lower Counties, 
should not be established ; But if Mr. Penn should have a Title 
to the three lower Counties by vertue of the two Grants made 
to him by the late King James in 1682, when Duke of York, 
we have not received any Answer why he should not account, 
according to his Covenant in the last of the said Deeds, for 
the Moiety of the Rents, Issues and Profits raised by vertue of 
that Grant. 

All which is humbly submitted to your Majesty's Royal 
Wisdom. 



438 PENNSYLVANIA AND MARYLAND 

Note. 

The foregoing Report on Lord Sutherland's Petition in 1716. 
was so little in his favour that he took nothing by it . It is 
very long, as here stated, and contains many Matters whereof 
you have had an Account before. But there is a Use instating 
it so fully, for you observe the Contents of it, and how fully 
and plainly the Objections to Mr. Penn's Title to the three 
lower Counties are therein stated; you also observe that Lord 
Baltimore was a Party to that Report (and the Opinion of the 
then Attorney and Sollicitor General that he had no Title) 
Now, the Lord Baltimore, who was a Party thereto, is the very 
present Defendant, who, notwithstanding that, in one Part of 
his Answer to our Bill at Fol. 222, would have it be believed 
that the Plaintiffs imposed upon him in respect to their Title 
to the three lower Counties, which is impossible to have been 
true considering he was a Party to the foregoing Report, 
and so, contrary to Truth, and his own knowledge of the Truth ; 
nay, indeed, he contradicts himself in his own long Answer, 
for it is but 14 Sheets before, \iz: at Fol. 208, he swears ha 
always knew and believed they had not a Title to the three 
Lower Counties, consequently they could not deceive him 
therein; Besides which, it will appear most manifestly, by and 
by, that it is of no manner of Consequence in the whole World, 
as to him, whether they really had, or had not, a Title to those 
Counties; since it is he that conveys those Counties to them, 
and not they to him. 

1718. 

Mr. Penn made a Will (about 1712) sans Date, and a Confir- 
mation of it, dated 27 May 1712. By his Will taking notice, 
that his eldest Son was well provided for, by a settlement of 
his Mother's, and the Testator's Father's Estate: he devises 
the rest of his Estate in manner following: The Government 
of his Province of Pen&ilvania and Territories thereunto be- 
longing he devised to the Earls of Oxford and Poulett, on Trust 
to dispose thereof to the Queen, or any other Person, to the 
best advantage they could, to be applied in such manner as he 
should therein after direct; and he gave to his wife Hannah 
Penn, and sundry others (to the Number of 12 Persons) all his 
Lands, Tenements and Hereditaments in Pensilvania and the 
Territories thereunto belonging, or elsewhere in America, upon 
Trust to sell sufficient to pay his debts, and after Payment to 
convey to each of his Son William's three Children, Springett, 
William, and Gulielma-Maria in Fee 10,000 Acres each. And 
(afterwards) 10,000 Acres more to the Testator's Daughter 
Letitia; And all the rest of his Lands, Tenements and Heredita- 



BOUNDARY QUESTION. 439 

merits in America to be conveyed by his said Trustees to and 
amongst his Children which he had by his then Wife, in such 
Proportions and for such Estates, as his said Wife should think 
fit, and made his said Wife sole Executrix. Original- Will, to 
be produced from Doctors Commons, and to which we have 
examined one of the Witnesses, Thomas Pyle, in this present 
Cause. 

July 30. 

Mr. Penn, the Patentee, died; leaving a son William Penn 
Junior, and a Daughter Letitia by his first Wife ; and leaving 
his second Wife Hannah Penn and four sons, the Plaintiffs 
John, Thomas and Richard Penn, and Dennis Penn (who is 
since deceased) and also a Daughter, Margaret Penm. by her. 



Chap. XI. From the Death of William Penn Esq ; the Proprie- 
tary, in 1718, to the Death of Mrs. Hannah Penn his Widow 
and Executrix, in 1726. 

1718, Nov. 14. 18. 

Probate granted at Doctors Commons to Mrs. Hannah Penn 
the Widow and Executrix of the Will of her late Husband 
William Penn Esq; Original Probate under Seal. Original 
Deed Poll of Appointment, executed by Mrs. Hannah Penn, 
whereby she, in pursuance of the Powers vested in her by her 
late Husband's Will, directs and appoints all the rest and re- 
sidue of the Testator's Lands, Tenements and Hereditaments 
in Pensilvania and the Territories thereunto belonging, or 
elsewhere in America, that should remain after the Provisions 
in the Will in manner following, viz. Three undivided sixth 
Parts of the Province of Pensilvania, and of all Lands and 
Promts, &c. therein, to be conveyed, by the Trustees, to and to the 
Use of, her eldest Son, the now Plaintiff John Penn in Fee, and 
the other three 6th Parts thereof, to and to the Use of her three 
other younger Children, Thomas and Richard Penn (now plain- 
tiffs) and Dennis Penn (since dead) in Fee, as Joynt tenants. 
And as to the Lower Counties, and all, Lands therein, or 
elsewhere in America, she in like manner directed and ap- 
pointed the Trustees to convey three sixth Parts thereof to the 
said John Penn in Fee, and the other three sixth Parts to the 
said Thomas, Richard and Dennis Penn, and their Heirs, as 
Joynt tenants for ever. Proviso that if the said John Penn 
should not pay to his Sister Margaret Penn 1500Z. at her Mar- 
riage or age of 21, which should first happen, In such Case 
she appointed for her Daughter Margaret in Fee one third Part 



440 PENNSYLVANIA AND MARYLAND 

of all that had been before appointed for the Use of her Son 
John. Deed of Appointment proved by Mr. Page. 

1720. 

William Penn junior, eldest Son and Heir of Proprietary 
Penn died, leaving two Sons, Springett and William, and a 
Daughter Gulielma Maria. 

1721, Octob. 23. 

The said Hannah Penn the Widow and her then Children, 
John, Thomas, Richard, Dennis and Margaret Penn, all Infants, 
brought their Bill in the Court of Exchequer, against the Earl 
of Oxford and Earl Poulett (to whom the Government had 
been devised, upon Trust to sell and apply the Produce in such 
manner as was intended to have been, but was not, afterwards 
directed) against the said Springett Penn the Grandson and 
Heir at Law of the Testator to establish the Will ; against the 
said Henry Gouldney, Joshua Gee and others, the Survivors of 
the Mortgagees, to redeem, and also against Richard Hill, 
Isaac Norris and others the surviving Trustees in the Will, to 
whom the Lands had been devised in Trust, for to execute 
their Trust; and also against William Penn the Grandson, 
Gulielma Maria the Grand-daughter (and her Husband Aubrey 
Thomas) Letitia the Daughter (and her Husband) of the Tes- 
tator, by his first Wife, who had Devises of 10,000 Acres each 
under the Testator's Will, and against his Majesty's Attorney 
General, to know whether the Crown would, or would not, go 
on with a Treaty that had been set on foot by the Earl of Ox- 
ford in 1711 and 1712, to purchase the Government from Mr. 
Penn for 12,0002. 

1722, Feb. 6. 

Dennis Penn the Son of the Testator died an Infant and 
Without Issue. 

1722, 1723, 1724. 

And many answers of the Defendants were put in thereto. 
Copy of Bill and answers proved by Mr. Weston, Exc. No. 1, 2, 

3, 4,. 5, 6, 7, 8. . 

1733, Feb. 17. 

There was such an Agreement in Writing between the said 
Hannah Penn and the Lord Baltimore, not to grant out Lands 
upon the Borders wh}ch had been contested, for 18 Months; in 
which Time 'twas hoped the Boundaries might have been set- 
tled : and also such Proclamations afterwards publisht by the 
Lieutenant Governors in both Provinces, notifying that tempo- 
rary Agreement, as the Plaintiffs have charged at Fol. 154. in 
their Bill, and which the Defendant has fully admitted at Fol. 



BOUNDARY QUESTION. 441 

192. of his Answer; but such Agreement, having been mislaid, 
is not proved in the Cause. 

1724, Octo. 6. 

A Maryland Act of Assembly for repealing Part of the last 
mentioned Act made in Maryland in 1715; enacting that such 
Part of that former Act as imposed 9d. a Gallon on Rum, 
Spirits, Wine and Brandy to be imported from Pensilvania and 
the Territories thereto belonging by Land, should be repealed ; 
but this not to exempt Persons bringing the said Liquors from 
Pensilvania by Land from paying the other Duty of 3d. per 
Gallon, which is declared to be still due and payable. Mary- 
land Statute Book, Fol. 263. 

Mr. Gouldney, one of the principal Mortgagees died. 

1725, Octob. 23. 

The said Hannah Penn, John, Thomas, Richard and Mar- 
garet Penn, filed their Bill of Reviver in the Exchequer, against 
the Executor of the said Gouldney, Exe. No. 9. 

Nov. 

Petition from Lord Sutherland again, to have a Grant of the 
three lower Counties ; and Reference of the same by the Duke 
of Newcastle to the Attorney and Sollicitor General. These are 
to be proved viva voce on the Hearing, there is nothing ma- 
terial in them, only to shew that Lord Sutherland had such a 
second Petition depending, and thereby to warrant Paris's 
Deposition, who speaks of several Hearings that there were 
before the Attorney and Sollicitor General on that Petition. 
Exhibit Sec. Off. 

During that Suit in the Exchequer, though carried on very 
adversarily between Mrs. Penn and her Children on the one 
side, and the Heir at Law of the Proprietor on the other, they 
both agreed, thus far, to turn out the Deputy Governor Mr. 
Keith (then become Sir William Keith) and to appoint another, 
viz. Patrick Gordon. 

Jan. 7. 

From the Records in Newcastle County, The Commission 
Avhich was this Day granted by Sprine-ett Penn Esq; Grandson 
and Heir at Law of William Penn Esq ; by and with the Ad- 
vice and Consent of Hannah Penn, widow and Executrix of the 
said William Penn, testified by her signing and sealing the 
same, appointing Patrick Gordon to be Lieutenant Governor 
of the said Province of Pensilvania and Counties of Newcastle, 
Kent and Sussex. Newcastle Records, No. 11. Fol. 97. 98. 

Mar. 4. 
A Report from the Committee of Council made upon the Re- 



442 PENNSYLVANIA AND MARYLAND 

presentation (which had been referred to them the 12th of Feb- 
ruary last) of Springet Perm Grandson and Heir at Law of 
William Penn Esq: deceased, and Hannah Penn the Executrix 
of the said William Penn, humbly recommending Major Patrick 
Gordon to be Deputy or Lieutenant Governor of Pensilvania 
and of the Counties of Newcastle, Kent and Sussex on Delaware 
in America, in the room of Sir William Keith; and praying 
his Majesty's Approbation of him accordingly; and which Re- 
port was also made upon a Petition presented by Colonel Spots- 
wood on behalf of Sir William Keith, and upon another Peti- 
tion presented by the Creditors of Sir William Keith, praying 
that Sir William might not be removed ; their Lordships re- 
ported that they had received a good Character of Major Gordon, 
and offered their Opinion that his Majesty should be pleased 
to declare his Allowance and Approbation of Major Gordon to 
be Deputy Governor of the Province of Pensilvania without 
Limitation of Time, and of the three Counties of Newcastle, 
Kent and Sussex, during his Majesty's pleasure only, provided 
the said Gordon qualified himself, and gave the Security; and 
provided that the said Springet and Hannah Penn made a 
Declaration, in such manner as had been formerly made by the 
said William Penn, relating to his Majesty's Right to the said 
three Counties. Co. Off. No. 22. 

1725, March 11. 

The King by Order in Council, made upon reading that Re- 
port, ordered just in the same Words as proposed ; and directed 
the Lords of Trade to take care that the said Security was given, 
and Declaration made accordingly. Co. Off. No. 22. 

1726, Apr. 18. 

By another Order in Council reciting the last Order and that 
the Lords of Trade had this Day reported that they had re- 
ceived a Declaration and Promise under the Hand and Seal of 
the said Springett Penn, and the like under the Hand and Seal 
of the said Hannah Penn, that his Majesty's Approbation of 
the said Gordon to be Deputy Governor of the said Province 
and of the three Lower Counties should not be construed in 
any manner to diminish or set aside his Majesty's Claim of 
Right to the said lower Counties; and that they had also re- 
ceived a Certificate of Security given in the Exchequer, of 20007. 
for Gordon's observing the Acts of Trade, His Majesty in Council 
declared his Royal Approbation of the said Gordon to be Deputy 
Governor of Pensilvania without Limitation of Time, and of 
the said three lower Counties of Newcastle, Kent and Sussex, 
during only his Royal Will and Pleasure. Co. Off. No. 23. 

This last foregoing Order is also entred in Newcastle 
Records, No. 11. Fol. 99. 



BOUNDARY QUESTION. 443 

Deo. 13. 

A Decree was made in the said Cause in the Exchequer, but 
that was, unless Cause, for the Heir at Law, and all the Rela- 
tions of the Family, by Mr. Penn's first Wife, made Default 
at the Hearing. Exc. No. 10. 

Dec. 20. 
Mrs. Hannah Penn died. 



Chap. XII. From the Death of Mrs. Hannah Penn in December 
1726, down to the time of Beginning the Treaty with Lord 
Baltimore for the Agreement now in Question. 

1727, Apr. 20. 

The said John Penn, Thomas Penn, Richard Penn, and Mar- 
garet Perm (after their Mother's Death) brought their Bill of 
Revivor of the Suit in the Exchequer. Exc. No. 11. 

May 15. 
Order to revive the said Cause. Exc. No. 12. 

July 4. 

The Cause in the Exchequer came on again, and all Parties 
appeared, and the Court declared that Mr. Penn's Will and 
Declaration or Confirmation dated 27 May 1712, were duly 
proved. But, as concerning all other the Matters and Things 
in the Cause, ordered it should stand to be heard the then next 
Michaelmas Term. Paper Copy of the Decree, Exc. No. 13. 
And Exemplification of that Decree under the Seal of the Court 
of Exchequer. 
July 5. 

A Family Deed of Indenture Sextipartite between the Plain- 
tiffs John, Thomas and Richard Penn, and their Sister Mar- 
garet Penn, together with Thomas Freame (whom she was then 
going to marry with) and two Trustees Joseph Wyeth and Sil- 
vanus Beavan. Reciting Mr. Penn's Will, and Mrs. Hannah 
Penn's Appointnientwhereby 1500Z. was secured for the Daughter 
Margaret, (And reciting a subsequent Appointment of Mrs. 
Hannah Penn's, after the Death of her Son Dennis, which it's 
now thought she had no Power to make, having before executed 
her Power, neither, if the second Appointment we.e good, 
would it all vary the Plaintiffs Title,) And reciting the said 
Decree, and Mrs. Hannah Penn's Will, and sundry Diffi- 
culties arising thereon, and many other Matters; For settling 
all Difference it's agreed, inter alia, that the said John Penn 
his Heirs and Assigns shall hold and enjoy one Moyety of all 
the Testator's Estate in America (subject to a Provision herein 



444 PENNSYLVANIA AND MARYLAND 

after made for the said Margaret) And that the said Thomas 
and Richard Penn their Heirs and Assigns shall hold and enjoy 
the other half Part thereof as Tenants in common, and not as 
Joynt tenants ; Proviso that JohnPenn's Moyety shall be subject 
to pay to the said Margaret 500/. and also an annuity of 50/. 
during her Life, to be paid to her separate Hands, and also Avith 
Payment of 1000/. in three Months after her Death, to the said 
Wyeth and Beavan in Trust for her Children, in such manner 
as she shall appoint. And all the Parties thereto agree that 
the Trustees, named in their Fathers' Will, shall convey the 
Lands accordingly. Deed proved by Mr. Page. 

1729, Jan. 13, 14. 

Indentures of Lease and Release being a Reconveyance from 
Joshua Gee and John Woods (who were the two only surviving 
Mortgagees) of all the mortgaged Premises unto John Penn and 
Thomas Penn their Heirs and Assigns; as to one Moyety to the 
Use of the said John Penn in Fee ; as to one Quarter Part to 
the Use and behoof of the said Thomas Penn in Fee; and as 
to the other Quarter Part to the Use of the said John Penn and 
Thomas Penn in Fee, but in Trust for the said Richard Penn 
his Heirs and Assigns. Note, Mr. Richard Penn being then 
married was the Reason why the legal Estate was not vested 
in him, only the Trust thereof. Original Deeds cf Conveyance 
proved by Mr. Page. 

1730, Dec. 30. 

Springett Penn, who was the Grandson and Heir of Proprie- 
tary Penn, died unmarried, and his younger Brother, William 
Penn, the Grandson, became Heir at Law of Proprietary Penn. 



Chap. XIII. From the Beginning of the Treaty, to the Time of 
executing the. Articles of Agreement in Question, and the 
Commissions for running the Lines pursuant to the same. 

1731, June 3. 

Was the Day (as will appear in Evidence) when the Parties 
to this Cause had the first Meeting, in order to the Agreement. 

June 3. 

The written Map then produced and markt and made use of 
by the Plaintiffs on their Parts, in order to the Agreement, 
which has some other Words writ upon it, but all the Lines and 
Outmarks are exactly agreeable to my Lord Baltimore's Map 
which was afterwards graved and stampt, or printed, on the 
Original Articles of Agreement. This Map is proved by Paris, 
and is the Exhibit Par. No 1. in a marbled Cover. 



BOUNDARY QUESTION. 445 

The Treaty not proceeding at that time, but breaking off 
then, because at first, the Plaintiffs refused to agree to the De- 
fendant's Proposals, the Lord Baltimore petitioned the King 
as follows : 

July 1. 

The Defendant the Lord Baltimore petition'd the King, and 
set forth the Grant of Maryland, made to his Ancestor in 1632, 
and the Description of the Tracts of Land, as they are therein 
exprest; and, That the late William Penn, by Grant under the 
Great Seal, in the lear 1680, became Proprietor of the Province 
of Pensilvania, and his Descendants (as the Petitioner believed) 
still were Proprietors of the same. That there had been diverse 
Disputes, between the Petitioner's Ancestors, and the said 
William Penn, about the Northern Boundaries of the said 
Province of Maryland, and frequent Application having been 
made to His Majestys Royal Ancestors in Council, in order to 
settle and ascertain the same, not only in the Year 1685, 1708, 
but so lately as in the Year 1720, by the-Widow of the said Wil- 
liam Penn, and divers Letters and Orders had been sent by His 
Majesty's Royal Ancestors for that purpose; but theyhad hither- 
to bad no effect. That, by reason of the said Disputes, very great 
Numbers of the Petitioner's Tenants refused to pay any Rents, 
or to submit themselves to the Petitioner's Government, or 
really to any, which occasioned frequent Disputes, notwith- 
standing the Petitioner's great Care to prevent the same. He 
therefore prayed the King to order the Proprietors of the Prov- 
ince of Pensilvania forthwith to join with him in settling and 
ascertaining the said Boundaries; and, in case they refused to 
comply therewith, or in case the same should not be settled 
and ascertained within the Space of twelve Months from tnat 
time, that then, and in that case, the King would hear the 
Matter in dispute, and give such Order, and make such Deter- 
mination, touching the the same, as to His Majesty should seem 
meet. Co. Off. No. 24. 

If that Petition had any Meaning at all, surely it must be 
to carry into execution the Order of 1685, which is mentioned 
in that Petition ; and which Order of 1685, expresly adjudged 
the Right to the three lower Counties, against him and had 
contained Directions for settling the Bounds of those lower 
Counties; but which Bounds had not, indeed then, nor yet 
neither, been ever run out. 
July 1. 

It was ordered that the said Petition should be refen*ed to a 
Committee of the Lords of His Majesty's most Honourable 
Privy Council, to consider the same, and report their Opinion 
thereupon to His Majesty. Co. Off. No. 25. 



446 PENNSYLVANIA AND MARYLAND 

July 22. 

The written Heads for an Agreement, then produced by Lord 
Baltimore, and whereof a Copy, full of Abbreviations, was soon 
afterwards delivered by the Defendant's Sollictor to the Plain- 
tiff's Sollicitor, is in the following Words, viz. 

1. There shall be a Circ. of 12 M. dist. drawn from Newcastle. 

2. The Proprs. of Pensil. shall be entituled to 15 Miles Soth 
of Phi la. by a West Line drawn from the Point of the Soth 
and North to the extent of their West Limits comprised in the 
Charter of Pensa. , 

8. There shall be a Line South drawn from the East and West 
Line aforesaid, which shall intercutt the Periphery of the 
Circ. of 12 Miles frorn Newcastle, untill it intercutt the Parallel 
of an East and West Line drawn, the Promontory or Cape called 
Cape Hinlopen at rect Angles. 

4. The Lord Baltimore, to quit all Pretensions to the three 
lower Counties (known to be at present comprised within the 
Limits aforesaid, that is to say, within the 12 Miles Circle of 
Newcastle and the North and South Line drawn as aforesaid 
on the West, and the Bay of Delaware on the East. 

5. The Proprtrs. of Pensa. to quit all Pretensions to any 
Land to the Southward of the Line of 15 Miles from Phil. , and 
to the West of the North and South Line heretofore described, 
and for the Considerations aforesaid convey to the Lord Balti- 
more, all Right and Title they may have thereunto belonging. 

6. For the quieting the present Possessors of the Lands in 
dispute, and the better informing the respective Proprietors of 
the Provinces aforesaid, it is agreed by the Parties contracting 
that it shall and may be lawful for each Proprietor to have 
Copys at their respective Costs and Charges of the Grants, 
Patents, and Leases, &c. by which any of the present Claimants 
held their Land. 

And moreover it is mutually agreed that fresh Patents, Leases, 
and Grants, shall be made out to all the Possessors of Land, 
Houses, &c. within the present disputed, and by this de- 
termined, Boundary without any Fines or Arrearages of Rent 
whatsoever, provided they become Tenants to the respec- 
tive Provinces, subject to the Rents and Reserves common 
to the Landholders of the respective Provinces, subject never- 
theless to usual Fees to the proper Officers of the said Provinces 
for the taking out of any new Patents for the Lands or Tene- 
ments they at present are possessed of. 

This is proved by Paris, and is a very material Exhibit markt 
Par. No. 2. 

We have, most particularly, charged this Paper to be of the 
Defendant's own Hand-writing, at Fo. 179. of our Bill, and 



BOUNDARY QUESTION. 447 

at Fo. 1415. we have demanded that he may produce it. He 
in his Answer, Fo. 257. admits there was such a Paper, but says 
it's mislay'd, but if he finds it, he will produce it. 

If he does not, the Reason is most obvious, for this puts an 
end to his Commissioners Doubt (which yet he says he approves 
of) whether the Circle should be 2 Miles or 12 Miles, from New- 
castle? For here, in two several Places, in his own Notes for 
drawing up the Agreement in Form, he says twi3e over, that 
the Circle shall be 12 Miles distant from Newcastle, and again 
12 Miles from Newcastle. 

Note — The Defendant has proved, by his own Sollicitor Mr. 
Sharpe, that the foregoing Notes are lately found, and 
he sets forth an exact Copy of the same verbatim, in his 
Deposition. For which we are bound to thank him. And 
it's intended to move, that the Original may be produced 
at the Hearing by the Defendant, according to his Offer, 
now that it is found. 
Aug. 16. 

The Draught of the Articles of Agreement this Day delivered 
over to Mr. Sharpe, with his own Directions thereon, to Coun- 
sellor Wynne, and his own Marks and Notes thereon, that the 
Miles were to be mentioned English Statute Miles, &e. This 
Paper is proved by Serjeant Wynne, and by Paris, and is Ex- 
hibit, Par. No. 3. 

Aug. 19. 

Mr. Sharpe 's Letter to Mr. Paris, that he had perused the 
Draught of the Agreement between Lord Baltimore and Mes- 
sieurs Penns, and thought the same perfectly right, and had 
sent it that Night to Lord Baltimore for his Perusal, with a 
Desire to return it to him as soon as he had done with it, and 
the Moment it came back to Mr. Sharpe he would let Mr. Paris 
know it. This Exhibit is proved by Mr. Paris, and is Par. No. 
4. 

This serves to prove the Length of Time taken to consider the 
Draught, from August 1731, to 10 May 1732. 

Sept. 22, 23. 

Indentures of Lease and Release, whereby William Penn, 
Grandson and Heir at Law of Proprietary William Penn, in 
Consideration of 5500?. Releases and Quits Claim to the said 
Province and Counties, unto the said John and Thomas Penn in 
Fee ; As to one Moiety to the use of John Penn in Fee ; as to 
one quarter Part to the Use of Thomas Penn in Fee ; and as to 
the other quarter Part, to the Use of John and Thomas Penn 
in Fee, but in Trust for Richard Penn, his Heirs and Assigns. 
Deeds proved by Paris. 



448 PENNSYLVANIA AND MARYLAND 

Sept. 29. 

Bargain and Sale enrolled, by way of Mortgage, from John, 
Thomas and Richard Penn, of the Province of Pensilvania only, 
excepting thereout the Government and Powers of Government, 
to William Penn in Fee, for securing 5000Z. and Interest, proviso 
for Redemption. Deed proved by Paris. 

Feb. 12. 

By an Indorsement made on the Back of the Family Deed of 
5 July 1727, Margarat (Penn) and her Husband Thomas Freame, 
release to the said John Penn the 500/. which had been there- 
within secured to her out of Mr. Penn's Moiety. Endorsement 
proved by Mr. Page. 

1732, March 29. 

The new Clause, that Day delivered by Lord Baltimore, above 
7 Months after the Draught of the Agreement had been delivered 
over, viz. "There must be a Clause to prohibit any of the 
"People of the respective Provinces to carry on any Commerce 
'• into the Bays of Chesopeak and Delaware, by the means of 
"any River or Rivers, leading from one of the Provinces afore- 
" said to the other, without the Leave of the Proprietor of the 
"Province to whom the said Bay doth belong." Proved by 
Paris, and is the Exhibit, Par. No. 6. 

April. 

That Copy of Mr. Senex's written Opinion of the Articles 
which he delivered to the Plaintiffs, viz. 

The Division, as described in the Articles. That there shall 
be drawn, so much of a Circle as is necessary, round Newcastle 
as a Center, at the Distance of 12 English Statute Miles. That 
there shall be a true East and West Line drawn, 'twixt Cape 
Hinlopenand the Chesopeak Bay: And that, from the middle 
of that Line, there shall be drawn a Right Line, Northwards, 
so as to become a Tangent Line, on the Western Side, to the 
above Circle, described at 12 Miles Distance from Newcastle. 
That, at the Distance of 15 English Miles from the most South- 
ern Part of Philadelphia, there shall be drawn Westwards a 
Parallel, or due East and West Line, whose Distance, Westwards, 
is to be determined afterwards. That, from the Point of Con- 
tact of the afore described Tangent Line with the Circle, there 
shall be drawn a Meridian, or due North and South Line, so 
far as till it touches the said Parallel. That those Lines, so 
drawn, shall be the Boundaries 'twixt Pensilvania and Mary- 
land. All to the Northward and Eastwards Pensilvania. All to 
the Southward and Westward Maryland. This Division of the 
Countries in dispute, betwixt the Lord .Baltimore, &c. as de- 
scribed in the Articles of Agreement, &c. Seems to be much 



BOUNDARY QUESTION. 449 

more convenient and practicable, than any Division that can 
be made, by affixing the Longitude and Latitude of such 
Bounds — Because, the Longitudes and Latitudes of Places are 
with great Difficulty made sufficiently exact, to determine the 
true Place of such Boundaries, within less than a Mile or two 
Miles: Whereas, this Method is easily practicable, and deter- 
mines it to what Exactness is required. Moreover, in case any 
Dispute at any time arises, it may soon be adjusted, by any 
skilful Surveyor, to the Satisfaction of each Party. John Senex. 

This Exhibit is spoke to by Paris, and is proved to be Mr. 
Senex's Hand (who is dead) by Mary Senex his Widow, and by 
Thomas Hutchinson and Thomas Smith, who were his Servants. 
And is the Exhibit, Par. No. 5. 

This Man, of my Lord Baltimore's own chusing, read and 
explained the Draught of the Articles, that the Circle was tu 
be at 12 Miles Distance from Newcastle, and also shews that 
he understood Newcastle itself, as a Center. 

1732, April. 

The Copy of Lord Baltimore's Map, as engraved by Mr. Senex 
(who he chose to do it) or his Servants. Printed Map proved 
by Hutchinson and Smith, being the Exhibit Sen. No. 1. 

May 10. 

Copy at full length of the Articles of Agreement executed 
between the Parties, viz. 

ARTICLES of Agreement indented, had, made, and con- 
cluded upon, this tenth Day of May, in the Fifth Year of the 
Reign of our Soverign Lord George the Second, by the Grace 
of God of Great Britain, France and Ireland, King, Defender 
of the Faith, &c. Annoque Domini 1782, between the Right 
Honourable Charles Lord-Baron of Baltimore in the Kingdom 
of Ireland, true and absolute Lord and Proprietary of the Pro- 
vinces of Maryland and Avalon, &c. of the one Part, and John 
Penn, Thomas Penn, and Richard Penn Esqrs. Sons and De- 
visees under the Will of William Penn Esq ; the Elder, their 
late Father, true and absolute Proprietaries of the Province 
of Pensilvania, &c. of the other Part, in Manner and Form fol- 
lowing; that is to say, 

Whereas, his late Majesty King Charles the First, by his 
Royal Charter or Letters Patent under the Great Seal of Eng- 
land, bearing Date at Westminster the twentieth Day of June, 
in the eighth Year of his Reign, did give, grant, and confirm 
unto Cecilius, then Baron of Baltimore, (the Great Grandfather 
of the said Charles Lord Baltimore) and to his Heirs and As- 
signs, all that Part of a Peninsula lying in the Parts of America, 
29— Vol. XV 



450 PENNSYLVANIA AND MARYLAND 

between the Ocean on the East, and the Bay of Chesopeake 
on the West, and divided from the other Part thereof by a Right 
Line from the Promontory or Cape of Land called Watkin's 
Point, (scituate in the aforesaid Bay near the River of Wighco) 
on the West, unto the main Ocean on the East ; and, between 
that Bound on the South, unto that Part of Delaware Bay on 
the North, which lieth under the fortieth Degree of Northerly 
Latitude from the Equinoctial, where New England ends ; And 
All that Tract of Land, between the Bounds aforesaid; that is 
to say, passing from the aforesaid Bay called Delaware Bay, in 
a Right Line, by the Degree aforesaid, unto the true Meridian 
of the first Fountain of the River Pattowmeck, and from thence 
trending toward the South unto the farther Bank of the afore- 
said River, and, following the West and South Side thereof, 
unto a certain Place called Cinquack, scituate near the Mouth 
of the said River, where it falls into the Bay of Chesopeake, 
and from thence, by a straight Line, unto the aforesaid Prom- 
ontory and Place called Watkin"s Point (except, as therein is 
excepted:) And bis said late Majesty did thereby also grant 
and confirm unto the said then Lord Baltimore, his Heirs and 
Assigns, all Islands and Islets within the Limits aforesaid, 
and all and singular the Islands and Islets, which were or 
should be in the Ocean, within ten Leagues from the Eastern 
Shore of the said Country towards the East, with all and singu- 
lar Ports, Harbours, Bays, Rivers and Inlets belonging unto 
the Country or Islands aforesaid : And all the Soil, Lands, 
Fields, Woods, Mountains, Fenns, Lakes, Rivers, Bays and 
Inlets scituate or being within the Bounds and Limits afore- 
said : And moreover, all Veins, Mines and Quarries, as well 
discovered as not discovered, of Gold, Silver, Genims and 
precious Stones, and all other Mines whatsoever of Stones, 
Metals, or of any other Thing or Matter whatsoever, found, or 
to be found, within the Country, Isles, and Limits aforesaid, 
reserving as therein is reserved ; together with divers ample 
Rights, Jurisdictions, Privileges, Prerogatives, Royalties, Lib- 
erties, Immunities, Royal Rights and Franchises, of what kind 
soever, more at large set forth in the said Letters Patent. And 
the said then Lord Baltimore, his Heirs and Assigns, his said 
late Majesty did thereby for himself, his Heirs and Successors, 
make, create, and constitute the true and absolute Lords and 
Proprietaries of the Country aforesaid, and of all other th3 
Premisses (except as before excepted) to have, hold, possess 
and enjoy the said Country, Isles, Islets, and other the Premisses, 
unto the said then Lord Baltimore, his Heirs and Assigns, to 
the sole and proper Use and Behoof of him the said then Lord 
Baltimore, his Heirs and Assigns for ever : as by the said Char- 



BOUNDARY QUESTION. 451 

ter, relation being thereunto had, may more fully and at large 
appear. 

And whereas his late Majesty King Charles the Second, by 
his Royal Charter or Letters Patent under the Great Seal of 
England, bearing Date at Westminster the fourth Day of 
March, in the thirty-third Year of his Reign, for the Considera- 
tion therein mentioned, did give and grant unto the said Wil- 
liam Penn the Elder, his Heirs and Assigns, ALL that Tract or 
Part of Land in America, with all the Islands therein contained, 
as the tame was bounded, on the East, by Delaware River, from 
twelve Miles distance Northwards of New-Castle Town, unto 
the fortv-third Degree of nothern Latitude, if the said River 
did extend so far Northward ; but, if the said River should not 
extend so far Northward, then, by the said River so far as it 
did extend; and, from the Head of the said River, the Eastern 
Bounds were to be determined by a Meridian Line, to be 
drawn from the Head of the said River unto the said forty-third 
Degree : The said Lands to extend Westward five Degrees in 
Longitude, to be computed from the said Eastern Bounds: 
And the said Land to be bounded, on the North, by the be- 
ginning of the forty-third Degree of northern Latitude, and, 
on the South, bv a Uircle drawn at twelve Miles distance from 
New-Castle, Northwards and Westwards, unto the beginning 
of the fortieth Degree of northern Latitude, and then, by a strait 
Line, Westward, to the Limit of Longitude above-mentioned. 
And his said late Majesty King Charles the Second did thereby 
also give and grant unto the said William Penn the Elder, his 
Heirs and Assigns, the free and undisturbed Use and Continu- 
ance in, and Passage into and out of all and singular Port-, Har- 
bours, Bays. Waters. Rivers, Isles, and Inlets, belonging unto or 
leading to or from the Country or Islands aforesaid ; and all the 
Soil, Lands, Fields, Woods. Underwoods. Mountains. Hills, 
Fenns, Isles. Lakes. Rivers, Waters. Rivulets, Bays and Inlets, 
scituate or being within, or belonging unto the Limits and 
Bounds aforesaid : and also all Veins, Mines, and Quarries, as 
well discovered as not discovered, of Gold, Silver. Gemms and 
precious Stones, and all other whatsoever, of Stones. Metals, or 
any other Thing or Matter whatsoever, found or t« be found 
within the Country, Isles, and Limits aforesaid ; and him the 
said William Penn the Elder, his Heirs and Assigns, his said late 
Majesty King Charles the Second did. by the said Royal Char 
ter, for himself, his Heirs and Successors, make, create, and 
constitute, the true and absolute Proprietaries of the Country 
aforesaid, and of all other the Premisses, TO HAVE, hold, 
possess, and enjoy the said Tract of Land, Country, Isles, In- 
lets, and other the Premisses, unto the said William Penn the 



452 PENNSYLVANIA AND MARYLAND 

/ 
Elder, his Heirs and Assigns, to the only proper Use and Be. 
hoof of the said William Penn the Elder, his Heirs and Assigns 
for ever ; as by the said last recited Charter or . Letters Patent 
(amongst divers other Matters and Things therein contained) 
relation being thereunto had, may more fully and at large ap- 
pear. 

And whereas by Indenture of Bargain and Sale enrolled, 
bearing Date on or about the four and twentieth Day of August, 
in the Year of our Lord One Thousand Six Hundred Eighty 
and Two, and made or mentioned to be made, between his 
Royal Highness James, then Duke of York, (afterwards James 
the Second, King of England) of the one Part, and the said 
William Penn the Elder of the other Part, his said Royal High- 
ness (for the Considerations in the said Indenture mentioned) 
did bargain, sell, enfeoff, and confirm unto the said William 
Penn the Elder, his Heirs and Assigns for ever, ALL that the 
Town of New-Castle, otherwise called Delaware, and all that 
Tract of Land lying within the Compass or Circle of twelve 
Miles about the same, scituate, lying, and being upon the River 
Delaware in America, and all Islands in the said River Dela- 
ware, and the said River and Soil thereof, lying North of the 
Southermost Part of the said Circle of twelve Miles about the 
said Town, together with all Rents, Services, Royalties, Fran- 
ehies, Duties, Jurisdictions, Liberties and Privileges thereunto 
belonging; and all the Estate, Right, Title, Interest, Powers, 
Property, Claim and Demand whatsoever, of his said Royal 
Highness, in or to the same, To hold to the said William Penn 
the Elder, his Heirs and Assigns, to the only Use of the said 
William Penn the Elder, his Heirs and Assigns for ever. 

And whereas by another Indenture of Bargain and Sale, or 
Feoffment, bearing Dateon or about the said four and twentieth 
Day of August in the said Year One Thousand Six Hundred 
Eighty and Two, and made, or mentioned to be made between 
his said Royal Highness of the one Part, and the said "William 
Penn the Elder of the other Part, his said Royal Highness for 
the Considerations in the said last Indenture mentioned, did 
bargain, sell, enfeoff, and confirm unto the said William Penn 
the Elder, his Heirs and Assigns, all that Tract of Land upon 
Delaware River and Bay, beginning twelve Miles South from 
the Town of New-Castle, otherwise called Delaware, and ex- 
tending South to the Whore Kilns, otherwise called Capin 
Lopen, (which said last mentioned Tract of Land hath been 
divided into two Counties, and called by the Names of Kent 
and Sussex ; and these two Tracts, together with the Town of 
New-Castle, are, and have been, commonly called by the Name 
of the three lower Counties of New-Castle, Kent and Sussex) 



BOUNDARY QUESTION. 453 

together with the Soil, Fields, Woods, Underwoods, Mountains, 
Hills, Fenns, Isles, Lakes, Rivers, Rivulets, Bays and Inlets, 
scituate in or belonging unto the Limits and Bounds aforesaid ; 
together with all sorts of Minerals, and all the Estate, Interest, 
Royalties, Franchises, Powers, Privileges and Immunities 
whatsoever, of his said Royal Highness thereunto, To hold 
unto the said William Penn the Elder, his Heirs and Assigns, 
to the only Use and Behoof of the said William Penn, his Heirs 
and Assigns for ever; as by the said two several Indentures of 
Bargain and Sale or Feoffment, relation being unto them re- 
spectively had, may more tully appear. 

And whereas, soon after the granting the said Charter and 
Deeds of Bargain and Sale or Feoffment unto the said William 
Penn the Eldei", several Disputes and Differences arose between 
the then Lord Baltimore, (Grandfather of the said Charles Lord 
Baltimore) and the said William Penn the Elder, touching the 
respective Bounds and Limits of the said Provinces of Mary- 
land and Pensilvania, and between the said Province of Mary- 
land and the said three lower Counties of New-Castle, Kent 
andjSussex.in regard that the Observations made by Mathemati- 
cians and other skilful Persons from time to time, in order to 
the fixing the Place of the fortieth Degree of northerly Latitude 
(mentioned and referred to by both the said Charters of Mary- 
land and Pensilvania) greatly varied and differed from each 
other ; and also, in regard that the said Tracts of Land, since 
called the three lower Counties of New-Castle, Kent and Sussex, 
which were granted to the said William Penn the Elder, by the 
said Deeds of Bargain and Sale or Feoffment (or at least some 
Parts thereof) were comprized within the Bounds and Limits 
which had been mentioned in the said Charter of Maryland. 
And whereas, notwithstanding several Treaties and Endeavours 
for settling the said Disputes and Differences, divers Difficulties 
have arisen, and many Persons have seated themselves upon 
great Parcels of the Lands in dispute, without Authority from 
either of the Proprietors, and without paying the usual Fines 
or Quit-rents, or conforming themselves to the Government 
and Establishment settled in any of the said Provinces or 
Counties: But, for the putting a final and friendly End and 
Accommodation to the said Disputes and Differences, the Parties 
hereunto have come to the following Agreement touching the 
same. 

Now therefore these present Articles witness, That it is hereby 
mutually and reciprocally covenanted, promised, declared and 
agreed by each and every one of the said Parties to these Pre- 
sents, for himself, and his Heirs, Executors and Adminstrators, 
to and with all and every other of the same Parties to these 



454 PENNSYLVANIA AND MARYLAND 

Presents, and their several and respective Heirs, executors and 
Administrators, in Manner and Form following; that is to say, 

I. That the Draught or Plan printed in the Margin upon this 
Skin of Parchment, which contains a Map of the Peninsula 
herein before mentioned, and also of the Tracts of Ground 
wherein the said Province of Maryland, (or Part thereof) the 
said Three Lower Counties, Part of the said Province of Pensil- 
vania, and Part of Virginia do lie, is a true Copy of those 
which had been sent over from America, to the present Parties 
hereto, by their respective Agents in those Parts, for the As- 
sistance and Guidance of the said Parties, in the settling the 
said Disputes, and by which this present Agreement is to be 
explained and understood. 

II. That there shall be the said Circle, mentioned in the said 
Charter for Pensilvania, and Deed of Bargain and Sale or Feoff- 
ment of New-Castle, (or so much thereof as is requisite) drawn 
and marked out at the twelve Miles distance from the Town of 
New-Castle ; which twelve Miles shall be twelve English Statute 
Miles. 

III. That a due East and West Line shall be drawn across 
the said Peninsula, (or across so much of it as shall be requisite) 
such East and West Line to begin, on the East Part, at the 
Place in the said Draught or Map called Cape Hinlopen, which 
lies South of Cape Cornelius, upon the eastern Side of the said 
Peninsula, towards the main Ocean, and, at the Point of the 
said Cape; and to run toward the western Side of the said 
Peninsula, which lies upon the Chesopeake Bay ; but to stop, 
in the exact middle of that Part of the same Peninsula, when 
so running a due East and West' Course. 

IV. That, from the Western Point or End of the said East 
and West Line (which Western Point or End shall be just half 
way across the said Peninsula) a strait Line shall run, North 
ward, up the said Peninsula (and above the said Peninsula if it 
require it) till it shall so touch the Western Part of the Peri- 
phery of the said Circle, as to make a Tangent thereto : The 
said strait Line, as at present apprehended will run pretty near 
South and North, but (however it may bear on the Compass) 
such strait Line shall be run Northward up the said Peninsula 
(and above the said Peninsula if it require it) and shall begin 
at and from the Western Point or End of the aforesaid East and 
West Line, and shall run until it touches, and makes a Tangent 
to, the Western Part of the said Periphery of the said Circle, 
and, there, the said strait Line shall end. 

V. That, at the Northern Point or End of the said strait 
Line, a Line shall begin, and shall, from thence, run due North 
above the said Peninsula, but so far only until it comes into 



BOUNDARY QUESTION. 455 

the same Latitude, as fifteen English Statute Miles due South 
of the most southern Part of the City of Philadelphia. 

VI. That a due East and West Line shall be run in manner 
following; it shall begin at the northern Point or End of the 
said due South and North Line, and shall, from thence, run 
due West cross Sasquehannah River, to the utmost Western 
Extent of the said Province of Pensilvania, or so far in Part 
thereof as shall be at present requisite, in regard that, as the 
same is to be a due East and West Line, the beginning Part 
thereof may be sufficient to continue the same by, when further 
Occasion shall require, and when the Lands Westward in the 
said Provinces of Maryland and Pensilvania shall be better 
settled, and that it would .occasion a very great Expence, and 
likewise be at present needless, to run the same to the utmost 
Extent Westward of the said Province of Pensilvania; however, 
the same shall (at present) be run cross Sasquehannah River, 
and about five and twenty English Statute Miles further on the 
Western Side of the said River. 

VII. That the Part of a Circle, at present drawn with Red 
Ink upon the said Draught or Plan, and the red Lines also 
drawn thereupon, are now drawn to serve as an Explanation 
to this present Agreement, but not with exact Certainty, in 
regard the said Draughts or Plans, so sent over to the Parties 
aforesaid, have neither Scale or Compass to them. 

VIII. That the first above-mentioned due East and West 
Line to run from Cape Kinlopen to the Middle of the Penin- 
sula, and the said strait Line to run from the Westward Point 
thereof Northwards up the said Peninsula (and above the said 
Peninsula, if it require it) till it touches or makes a Tangent 
to the Western Part of the Periphery of the said twelve Miles 
Circle; and the said due South and North Line to run from 
such Tangent till it meet with the Upper or more Northern 
East and West Line : And the said upper East and West Line 
to begin from the Northern Point or End of the said South and 
North Line, and to run due Westward at present cross Sas- 
quehannah River, and Five and Twenty English Statute Miles 
at least on the Western Side of the said River, and to be fifteen 
English Statute Miles South of the Latitude of the most South- 
ern Part of the said City of Philadelphia, are and shall be, 
and shall at all Times for ever hereafter be allowed and esteemed 
to be, the true and exact Limits and Bounds between the said 
Province of Maryland, and the said Three Lower Counties of 
New-Castle, Kent, and Sussex, and between the said Provinces, 
of Maryland and Pensilvania; excepting only, that in case the 
said North Line from the Tangent of the Circle uf New- 
Castle shall break in upon the said Circle, in such Case, so 



456 PENNSYLVANIA AND MARYLAND 

much of the said Circle as shall be cut off by the said Line, 
shall belong to and be Part of the County of New-Castle. 

Provided always, and it is hereby mutually covenanted, con- 
cluded, and agreed, by and between the Parties to these Presents, 
that in case it should happen in the Running or Setting out 
the Lines or Boundaries hereby agreed upon, that the Head or 
Heads of any River or Rivers leading either into the Bay of 
Chesopeake,or into the Bay of Delaw8i - e, or unto the Sea, shall 
remain on one Side the Lines and Boundaries hereby agreed to 
be run or set out, and that the lower Part of such River or 
Rivers shall remain within or run thro' the other Province or 
Counties, and on the other Side of such Lines and Boundaries; 
then, and in such Case, this present Agreement, or any Mat- 
ter or Thing herein contained, is not intended, and shall not 
in any Wise be construed or extended to give or yield to the 
People or Inhabitants of the Province or Counties within 
whose Limits the Heads of any such River or Rivers shall ac- 
cording to this present Agreement fall or remain, any Sort of 
Right or Title to carry on any Commerce into the said Bays 
of Delaware or Chesopeake, or either of them, or into the Sea 
thro' the lower Parts of such River or Rivers, which may run 
thro' the Territory or Limits of any other Province or Counties, 
without the Leave or Licence of the respective Proprietor or 
Proprietors of the Province or Counties thro' whose Territories 
such lower Parts of the said River or Rivers shall run, first 
duly had and obtained ; this Agreement, or any thing herein 
contained, to the contrary thereof in any wise notwithstanding. 

This Clause is translated verbatim into the very Commissions, 
nevertheless, the first Objection made by the Maryland Com- 
missioners was, for that some other different Persons had 
not also joined in granting our Commission. \ 

IX. That the said Charles Lord Baltimore, and his Heirs and 
Assigns on his part, and the said John Penn, Thomas Penn, and 
Richard Penn, and their several and respective Heirs and As- 
signs on their parts, shall and will, by fit and proper Powers 
and Instruments, within two Calendar Months from the Day 
of the Date of these Presents, authorize and appoint a sufficient 
Number of discreet and proper Persons, not more than seven 
on each side, to be their respective Commissioners, with full 
Power to the said seven Persons, or any three or more of them, 
for the actual running, marking, and laying out, the said Part of 
a Circle, and the said before-mentioned Lines : which said Com- 
missioners shall give due and proper Notice to each other, and 
shall fix and agree upon a Time or Times to begin and proceed in 
the running, marking, and laying out the same; and the same 



BOUNDARY QUESTION. 457 

shall be begun, at the farthest, some time in the Month of Octo- 
ber next, and shall be proceeded in with all Fairness, Candour, 
and Dispatch that may reasonably be. And the said Lines 
shall be marked out by visible Stones, Posts, Trees, Pillars, 
Buildings, Land-marks, or other certain Boundaries which 
may remain and continue; such Boundaries to be marked, on 
one side, with the Arms of the said Charles Lord Baltimore, and, 
on the other side, with the Arms of the Proprietors of Pensil- 
vania. And such Lines shall be compleatly so run,mark'd, and 
laid out, (as far as by this Agreement is intended; on or before 
the twenty-fifth Day of December, One thousand seven hundred 
and thirty-three: and, when so done, a true and exact Plan 
and Survey thereof, with the best and most exact and certain 
Descriptions that can possibly be given of the same, shall be 
made up, and sign'd, and seal'd, by the said Commissioners on 
both sides, and by their Principals, and shall be entred in all 
the publick Offices, in the said several Provinces and Counties : 
And moreover it shall be recommended by the respective Pro- 
prietors to the Assemblies of the said several Provinces and 
Counties, forthwith to pass Acts of Legislature for the Visita- 
tion upon certain fix'd Days, to be agreed on on both sides (at 
least once in every three Years) and for the continual Repara- 
tion of the said Boundaries and Bound-marks, that no Disputes 
may arise hereafter concerning the same. 

Provided always, and it is hereby agreed, that in Case a 
sufficient Quorum of the Commissioners to be named on either 
side, shall not, from time to time, according to the Appoint- 
ments and Adjournments to be made for that purpose, attend 
to proceed in the marking and running out the Lines and 
Bounds aforesaid, for want whereof the same cannot be done 
within the Time before limited, then, this present Agreement, 
and every Article and Thing herein contained, shall cease, de- 
termine, and be void; and, then, and in such Case, the Party or 
Parties, whose Commissioners shall make such Default, his 
or their Heirs, Executors, or Administrators, shall and will 
forfeit and pay, to the other Party or Parties, whose Commis- 
sioners shall attend, his or their Heirs, Executors or Adminis- 
trators, upon Demand, the Sum of Five Thousand Pounds of 
lawful Money of Great-Britain. 

X. That the said Charles Lord Baltimore, for himself and his 
Heirs, doth by these Presents for ever renounce, release, ind qui^ 
claim unto the said John Penn, Thomas Penn, and Richard 
Penn, and their Heirs, all Rights, Titles, Interest, Powers, 
Prerogatives, Claims, Demands, and Pretentions, to the said 
Province of Pensilvania, and to the said Three lower Counties 
pf Newcastle, Kent, and Sussex, to be so bounded as aforesaid, 



458 PENNSYLVANIA AND MARYLAND 

(Part at least of the same Three lower Counties being now 
known to be comprized within the Bounds mentioned in the said 
Charter of Maryland) and shall also, at the Request and Cost 
in the Law of the said John Penn, Thomas Penn, and Richard 
Penn, and their Heirs, grant, convey, and assure, in the most 
effectual Manner, the said Province of Pensilvania, and the 
said Three Lower Counties to be bounded as aforesaid, and all 
his and their Right, Title, Interest, Powers, Claims, and De- 
mands, in and to the said Province of Pensilvania, and the 
said Three Lower Counties to be so bounded as aforesaid, and 
every Part of the same, free of all Incumbrances by the said 
Cecilius Baron of Baltimore, Great Grandfather of the said 
Charles Lord Baltimore, Charles Grandfather of the said Charles 
Lord Baltimore, Benedict Father of the said Charles Lord Bal- 
timore, or by him the said Charles Lord Baltimore Party hereto, 
his Heirs or Assigns, excepting such Grants and Agreements to 
Planters as herein after mentioned, unto the said John Penn, 
Thomas Penn, and Richard Penn, and their Heirs; TO HAVE 
AND TO HOLD unto the said John Penn, Thomas Perm, and 
Richard Penn, and their Heirs, to the only Use and Behoof of 
them and their Heirs for ever, in such/ Manner as by them the 
said John Penn, Thomas Penn, and Richard Penn, or their 
Heirs, or their Council learned in the Law, shall be reasonably 
devised, advised, and required. AND on the other Hand, the 
said John Penn, Thomas Penn, and Richard Penn, for them- 
selves and their Heirs, do by these Presents for ever renounce 
and quit claim unto the said Charles Lord Baltimore and his 
Heirs, all Rights, Titles, Interest, Powers, Prerogatives, Claims, 
Demands, and Pretensions to the said Province of Maryland, 
to be so bounded as aforesaid, (Part whereof when so bounded 
being apprehended to be comprized within the Bounds men- 
tioned in the said Charter for Pensilvania;) and shall also at 
the Request and Cost in the Law of the said Charles Lord Bal- 
timore and his Heirs, grant, convey, and assure, in the most 
effectual Manner the said Province of Maryland, to be so bounded 
as aforesaid, and all their and every of their Right, Title, In- 
terest, Powers, Claims, and Demands, in and to the said 
Province of Maryland, to be so bounded as aforesaid, and every 
Part of the same, (free of all Incumbrances by the said William 
Penn the Grandfather, William Penn the Father, Springett 
Penn Esq; deceased, William Penn the Son, John Penn, Thomas 
Penn, and Richard Penn, their Heirs or Assigns) excepting 
such Grants or Agreements to Planters as herein after men- 
tioned, unto the said Charles Lord Baltimore and his Heirs, 
to have and to hold unto the said Charles Lord Baltimore and 
his Heirs, to the only Use and Behoof of him and his Heirs 



BOUNDARY QUESTION. 459 

for ever, in such Manner as by him or them, or his or their 
Council learned in the Law, shall be reasonably devised, ad- 
vised, and required. 

XI. And whereas during the Disputes which have hitherto 
subsisted, and now are accommodated between the Parties to 
these Presents, divers Persons under Grants, Patents, Leases, 
Warrants, Licences and Agreements, made and granted from 
and agreed with the said Charles Lord Baltimore and his An- 
cestors, before the fifteenth Day of May, One thousand seven 
hundred twenty and four, may have cleared, oceupied and pos- 
sessed, several Parcels of Lands within the Limits and Bounds 
hereby yielded and agreed upon for the said Province of Pen- 
silvania, and for the said Three Lower Counties: And in like 
manner other Persons under Grants, Patents, Leases, Warrants, 
Licences and Agreements made and granted from, and agreed 
with the said John Penn, Thomas Penn, and Richard Penn, 
or their Ancestors, before the said fifteenth Day of May, One 
thousand seven hundred twenty and four, may have cleared, 
occupied and possessed several Parcels of Lands within the 
Limits and Bounds hereby yielded and agreed upon for the said 
Province of Maryland, and it may be proper to quiet such 
Occupiers and Possessors in their respective Possessions (which 
might otherwise be disturbed by this present Agreement of the 
Proprietors, under some Restrictions;) It is therefore mutually 
agreed, that in order to the Information of the Parties to these 
Presents, touching the Premisses, each of the said Proprietors 
shall have full and free Liberty to take Copies at their respect- 
ive Costs and Charges, of all Grants, Patents, Leases, Warrants, 
Licences and Agreements, which at any time before the said 
fifteenth Day of May, One thousand seven hundred twenty and 
four, have been made or granted by the respective Proprietors 
or their Ancestors, and under which any of the said Occupiers 
do hold or claim any such Parcels of Land : And in order to 
quiet and settle such Occupiers, every of them shall and may, 
upon Request and Payment of the accustomed Fees, in such 
Cases only, have new Grants or Patents from the respective 
Proprietors within whose Territory or Limits their Lands, bs r 
virtue of, or according to this present Agreement, shall lie, for 
the like Estate, Term, and Interest, as mentioned in their ori- 
ginal Grants, Warrants, Leases, Licences or Agreements, upon 
condition that the said Occupiers respectively do first attorn, 
and become Tenants to their respective Proprietors within 
whose Territory or Limits their Lands now lie, by virtue of, 
or according to this present Agreement, and do submit them- 
selves in all Things to the Government thereof, and do pay to 
their new Proprietor or Proprietors (unless it shall be dispensed 



460 PENNSYLVANIA AND MARYLAND 

with by him or them) all such Fines, Rents and Arrearages Of 
Rents and Duties, as by their original Grants, Licences or Agree, 
merits, were to have been payed to thsir former Grantor or Pro- 
prietor, and which have not been really and bona fide payed 
to or to the Use of such their former Proprietor; and for the 
time to come, such Occupiers shall be put upon the like Foot 
and Condition with the rest of the Occupiers and Tenants who 
hold Lands in such Parts of the said respective Provinces and 
Counties as have never been in Contest; and such Occupiers 
and Tenants claiming originally under another Proprietor, as 
aforesaid, shall hold their Lands and have Patents thereof 
granted them by their new Proprietor, subject to the like 
Fines, Rents, Quit-Rents, Duties, Services and Reservations, 
as the other Landholders are, and have been generally subject 
to in the respective Provinces and Counties to which they shall 
belong. Provided always, that in Cases where any Persons dur- 
ing the Disputes which have subsisted between the said Pro- 
prietors have taken double Title; that is to say, from both 
the said Proprietors or their Commissioners or Officers, under 
which they have sheltered themselves by turns against each of 
the said Proprietors, and also in Cases where any Persons dur- 
ing the said disputes, have of their own authority seated them- 
selves down upon any Parcels of Lands, without Licence or 
Authority in Writing from either of the said Proprietors, such 
Persons in respect of such Lands, are by no means to be in- 
cluded in this present Article, but are (however) to be treated 
with Moderation, and with some Regard ; and the more so, in 
case they have heretofore actually paid the usual Quit-Rents 
and Services to either of the said Proprietors, and provided 
they bring in, surrender or yield up their former Grant, Li. 
cence, Warrant, Lease or Agreement, and submit to hold only 
under the proper Lord or Proprietor as the Case may be. 

XII. That in case the Parties hereto can conclude upon any 
further Clauses in favour of the Occupiers of any Lands within 
the Bounds heretofore disputed, but by these Presents fixed 
and determined; the same shall be contained in a subsequent 
Agreement between them. 

Lastly, That all the Parties hereto, and their Representatives, 
shall at all times hereafter use all friendly Means and Offices 
to the utmost of their power, to assist and support this present 
Agreement, and the several and respective Rights, Interests 
and Pretensions of the Parties, by virtue hereof. 

In Witness, &c. 

The foregoing Articles are proved to be executed by all Parties, 
by Mr. Taylor and by Paris. And are Exhibits Art. And Par. 
No. 7. 



BOUNDARY QUESTION. 461 

Note — Upon some of the six several parts of those Articles 
there was an Endorsement executed (of the same Date with the 
Articles) by William Penn, Letitia Aubrey and Charles Fell 
and Gulielma Maria his Wife; whereby all those Persons as- 
sented to those Articles, and promised not to hinder or obstruct 
the said Agreement, or the due Execution thereof, in any man- 
ner or wise. Endorsement on the said Articles, Par. No. 7. 
and proved by Paris. 

1732, May 12. 

The Draught of the Commission prepared for the Plaintiffs 
to authorise their Commissioners to carry the Articles into Exe- 
cution, which the Defendant and his Sollicitor approved ; with 
Mr. Sharpe's Endorsement thereon of the Names which he 
would have inserted for the Defendant's Commissioners. This 
is proved by Paris, and is Exhibit Par. No. 8. 

Same Day. 

The Original Commission executed by the Plaintiffs, author- 
ising their Commissioners to carry the Agreement into Ex- 
ecution, which recites the Agreement most minutely. The 
Execution of this Commission by the Plaintiffs is proved by 
Mr. Taylor, and this Exhibit is in Parchment markt Com. 

And thus the written Articles of Agreement were executed. 



Chap. XIV. From the Time of sealing the Articles here in Lon- 
don in May 1732, down to the End of the Year 1733. 

Aug. 26. 

An Order of Council, which does not directly make any 
Proof in the Matter in question, otherwise than as a very 
strong Precedent, (founded upon the present Lord Chancellor's 
Opinion) that the Crown will not disturb ancient Possessions, 
or take Advantage of defective Titles in America. The Order 
altogether is long, but the Case was, the Crown had ordered 
Mr. Dunbar, the Surveyor General, to endeavour to form a 
Colony or Settlement in a Part of New England, which seemed 
to be unimproved, adjacent to Nova Scotia. Hereupon, Samuel 
Waldo, Elisha Cook and Sir Biby Lake, and others, petitioned 
the King, and set up a Title thereto, and some Endeavour that 
had been used to settle the same, and some Expences layd out 
therein, but that frequent Indian Wars had disturbed them, 
and it came out, that the French had conquered that Territory 
in 1696, and that in the Year 1710, it was reconquered under 
General Nicholson; and was afterwards ceded by France, to 
Great Britain, by the Treaty of Utrecht : and the Matter being 
referred to the then Attorney and Sollicitor General (Yorke 



462 PENNSYLVANIA AND MARYLAND 

and Talbot), They reported, that some of the Petitioners had 
Titles under the Council of Plymouth, and others from Indians, 
pretending to be Owners of the Land, under which large Sums 
had been laid out, in endeavouring to settle and improve, and 
tho' interrupted and defeated by frequent Wars and Incursions 
of the Indians, yet, some of their Tenants appeared to be still 
in Possession of some Parts of the said Land. The Attorney 
and Sollicitor also reported, "That some Objections were made, 
'• before them, to the Nature of the Grants andConveyances under 
'• which the Petitioners claimed, and to the Manner of deducing 
"down their Titles, but they conceive that, in Questions of 
"this kind, concerning Rights to Lands in the West Indies, 
"and upon Enquiries of this Nature, the same Regularity and 
" Exactness is not be expected, as in private Suits, concerning 
"Titles to Lands in England; but that, in these Cases, the 
" principal Regard ought to be had to the Possession, and the 
" Expences the Parties have been at in endeavouring to settle and 
" cultivate such Lands ; Therefore, upon the whole Matter, they 
"are of Opinion that the Petitioners, their Tenants or Agents, 
"ought not to be disturbed in their Possession, or interrupted 
•in carrying on their Settlements, in the Lands granted to 
"them, within the District in question. " Thereupon the Lords 
••of the Committee of Council also reported, "That they agreed 
•• in Opinion with his Majesty's Attorney and Sollicitor General 
" (Inter alia) That the Petitioners, their Tenants or Agents, 
"ought not to be disturbed in their Possession, or interrupted 
•• in carrying on their Settlements, in the Lands granted to them 
"within the District in question." And therefore advised the 
King to revoke, and he accordingly, by his Order in Council 
of this Date, did revoke, the Instructions which he had before 
given on 27 April 1730, to the Governor of Nova Scotia, and the 
Surveyor General, relating to the settling the said Lands, and 
ordered the Surveyor General to quit the Possssion of all the 
said Lands. Original Order of Council under Privy Council 
Seal, Co. Off. No. 26. 

1732. Oct. 7. 

Bargain and Sale enrolled, whereby William Penn the Grand- 
son, conveyed his 5000Z. Mortgage upon Pensilvania, unto Alex- 
ander Forbes, for securing a Sum of 2500Z. which he borrowed 
of him. The Deed proved by Paris. 

Oct. 6, 7. 

The Minutes of this Day's First Meeting of the Commission- 
ers on both Sides at New-Town in Maryland, (as they were taken 
and kept by the Pensilvania, Commissioners.) In which, after 
naming the Commissioners who were present, on both Sides, 



BOUNDARY QUESTION. 463 

they go on in the like Words as that Minute set forth by the 
Defendant in Fol. 456. in the Schedule to his Answer; which 
is contained in Fol. 25 and 26. of this Brief. This Minute is 
additionally proved by Samuel Preston and James Steel, two 
of our Commissioners. And is in the Pensilvania Exhibits, 
No. A. 1. 

Oct. 30. 81. Nov. 1. 2. 

The Defendant in the Schedule to his Answer, at Pol. 460. has 
given us a very short imperfect Minute, return'd to him by his 
Commissioners, and as if it had passed upon the 30th of October 
only. Whereas we have the following full Minutes of all those 
four Days, kept by our Commissioners, and proved by them, 
viz. 
Oct. 30. 

Five of the Commissioners appointed by Lord Baltimore, 
and all the 7 Commissioners appointed by the Plaintiffs being 
met, on the 30th of October, at Newcastle, in order to proceed 
to mark out the Circle mentioned in the Agreement between 
the said Proprietors. The Lieutenant-Governor of Maryland, 
opening the Confei*ence, declared, They were now met to pro- 
ceed to run the Circle about Newcastle, mentioned in the 2d 
Article of the Agreement, which he read ; and as, in that Article, 
the Circle is said to be the Circle mentioned in the Charter for 
Pensilvania, and the Deed of Feoffment from the Duke of York. 
'twas necessary they should see that Charter and the Deed of 
Feoffment. The Commissioners of Pensilvania answered that 
the Agreement fully recited the necessary Parts of the said 
Charter and Deed, That the respective Commissions from the 
Propi-ietors enjoyn'd the Commissioners to execute the several 
Articles agreed on, and that, as the Proprietors were mutually 
satisfyed with the Recitals made in the Agreement, the Com- 
missioners could want no further Satisfaction than was con- 
tained in those Recitals. But the Commissioners of Maryland 
insisting upon their Demand, those of Pensilvania condescended 
to send to Philadelphia for the Charter of Pensilvania, and 
for an Exemplificaton of the Deed of Feoffment from the 
Records of New York, where it was first entered, the Original 
being in England. 

Oct. 81. 

Present the same Commissioners. The Charter of Pensilvania 
under the Great Seal, with the Exemplification of the Duke of 
York's Deed of Feoffment to Mr. Penn for the Circle about 
Newcastle being brought from Philadelphia, th3 Commission- 
ers of Maryland desired Copies of the descriptive Parts of the 
said Charter and Deed, wherein the said Circle was mentioned. 



464 PENNSYLVANIA AND MARYLAND 

It was answered by those of Pensilvania, That the said Charter 
and Deed, with the Agreement between the Proprietors, being 
All on the Board, the Recitals, in the Agreement, might be 
now compared with the others, by the Commissioners present, 
and, if found to agree, they could not want any other Satisfac- 
tion; and, being compared, they were found exactly to agree 
verbatim, allowing for the Change of Words necessary in mak- 
ing Recitals. The Commissioners of Maryland continued to 
insist on Copies of the descriptive Parts, which, tho' repre- 
sented to be altogether unnecessary after the Satisfaction 
already given them, were, notwithstanding, drawn out and 
delivered to them, certifyed to be true copies of the said de- 
scriptive parts under the hands of two of the Pensilvania Com- 
missioners. It was then proposed that we should agree on a 
Place of beginning for running the 12 Miles distance ; upon 
Avhich much was sayd. And the Commissioners of Maryland 
alledging They must further consider it, the Business was ad- 
journed till 3 in the Afternoon. 

The same Commissioners meeting in the Afternoon. Those 
of Maryland questioned whether, by their Commission from 
their Proprietor They had full Power to run the described 
Circle? For, as there could be no Circle without a Center, 
that Center must be first had; but, it was no where directed 
by the Articles or Commission ; and they conceived they had 
no Power to make one. It was answer'd, that the Commis- 
sioners, being impower'd and required to execute the Agree- 
ment in that Part, they were impowered to do all Things neces- 
sary to the Performance of it: For that it is a known Maxim 
in Law that where a Thing is prescribed to be done, the Means 
are, at the same time, prescribed. That, from Newtown, the 
Commissioners had adjourned to meet at Newcastle the 30th of 
October in order to proceed to mark out the Circle; That the 
Articles enjoyn'd the Business to be begun in the Month of 
October, at furthest ; That this was the Afternoon of the last 
Day of October, and yet, nothing was done to any Effect. Those 
of Maryland answer'd, that every body must allow they had en- 
ter'd on the Business : They were now upon it, and they should 
all acknowledge, before any number of Witnesses, that they 
had begun the Business ; But, how to proceed is the Difficulty, 
which appears such to them, as that they must further advise 
on it. The Commissioners of Pensilvania declared themselves 
fully impower'd, as they conceived, to do every thing necessary 
to the full Execution of their Commission ; and, to save time, 
the Surveyors might be sent to measure the Town. The Com- 
missioners of Maryland then proposed that the Company should 
walk about the Town and view it; and accordingly the Com- 



BOUNDARY QUESTION. 465 

inissioners, of both Parts, adjurning till Morning, walkt out 
to view the Town. 

JSov. 1. 

The Commissioners being met, The Governor of Maryland, 
in Behalf of the Gentlemen of that Province, declared that, 
having advised Doth with Lawyers and Mathematicians, on 
the Subject of finding a Center, they were fully satisfied that, 
as the Center for the Circle is not directed by the Articles, or 
their Commission, They have no Power to make one; but that, 
as his Lordship's Arrival in Maryland is every Day expected, 
they thought it proper for them to apply to his Lordship at 
his coming: and if he would direct them to find a Center, they 
would readily obey; To which it was answered that the Pro- 
prietors, on both Parts, had absolutely concluded an Agreement, 
in full and clear Terms; That they had given full Powers to 
their Commissioners on both Sides, to execute that Agreement; 
And, the better to enable them, a printed Draft of the Work 
was annexed in the Margin, both of the Articles and Commis- 
sions, which was to be explanative and directive in case of any 
Difficulty ; That the Town of Newcastle was fairly marked out, 
in that Draft, with a Central point in the Middle of it, on 
which the Circle in the Draft was drawn ; That it was easy to 
find this Center, as it is there pointed out; Another Objection 
also that had been made, from the Suggestion of some Mathe- 
matician, that it is impracticable to draw any true Circle of 
such an Extent, in the Woods or Fields, being' largely spoke 
to, the Governor of Maryland continued to insist on it, that 
they had no Power to find any Center, for that, if they fix on 
any, it may, as probably, be wrong as right, and, if wrong, it 
may injure Men in their Property, which they would avoid; 
Therefore, they must first take the further Directions of their 
Lord Proprietor, and, for that End. desire we may adjourn for 
same time, that they may have the Opportunity. The Com- 
missioners, of Maryland appearing fixed in this, the Consider- 
ation of it was referred to the Afternoon. 

The Commissioners meeting in the Aftenoon, those of Pensil- 
vania said, that as they met here, fully prepared and resolved, 
to proceed to Business, the Proposal of an Adjournment was un- 
expected; and first they desired to know, to what Time those 
of Maryland desired the Adjournment should be made? Which, 
when considered, might the better enable them to judge whether 
they could agree to it; the Gentlemen, of Maryland said, that, 
unless it were first agreed to adjourn, it would be to no Purpose 
to propose a Time ; and insisted, that those of Pensilvania should 
30— Vol. XV. 



466 PENNSYLVANIA AND MARYLAND 

first agree to an Ajournnient ; which they declining, and much 
being spoken to it, It was insisted, on the Part of Pensilvania, 
that Minutes should be taken of what has past ; which being 
also largely spoke to, and those of Maryland persisting in it, 
that all Minutes are unnecessary, further than to enter the 
Meetings and Adjournment; that each Side might keep what 
Minutes they pleased : The Commissioners of Pensilvania in- 
sisted, that it was absolutely necessary, in the Execution of 
all Commissions, to keep some Minutes, as a Register of the 
Commissioners Proceedings, otherwise, how shall it appear, 
what has been done in them? That they take this to be abso- 
lutely necessary in the present Case, and must appear so, in 
the Eyes of all Men of Understanding, acquainted with such 
Affairs ; but those of Maryland declined to join in such Minutes, 
and then, tbey proposed the first of February, for the Day of 
Adjournment to meet at Newcastle. The Commissioners of 
Pensilvania took till Morning to give their Answer, which is 
in these Words; Gentlemen, You cannot but be sensible, that 
after the Preparations made to proceed on the execution of our 
Commissions, it cannot but be a Disappointment to us, to have 
an Adjournment proposed to us; for, as the whole Articles, 
clearly shewed the Proprietors on both Sides were fully re~ 
solved, in the most amicable manner, to have their mutual 
Boundaries fixed, for which End, they had appointed us their 
Commissioners to run the Lines they had agreed on, and it is 
evident to us, and we are fully satisfied, that we have full 
Power to execute them, which it is required should be done 
with all the Fairness, Candour and Dispatch, that may be 
reasonable ; but as the Reason assigned for the Adjournment 
is, the general Expectation of th3 Arrival of the Lord Balti- 
more in some short Time in Maryland, whom you are desirous 
further to consult, we have so very great Regard for that worthy 
Nobleman, and so great an esteem of his Honour, that, on that 
Consideration, alone, we agree to the Adjournment proposed; 
viz. the first Day of February ensuing, then to meet at the 
Town of Newcastle. 

Nov. 2. 

The Commissioners being met, those of Pensilvania said, 
that, having considered the Adjournment proposed by the Gen- 
tlemen of Maryland, they had come to a Conclusion thereupon ; 
but as, at a former Meeting, they had strenuously insisted, that 
Minutes of what had now past should be kept, they thought it 
incumbent on them, to read at the Board the Minutes they had 
taken, at the Close of which their Answer to the Adjournment 
would appear; the Gentlemen of Maryland answering, that 



BOUNDARY QUESTION. 467 

those of Pensilvania, undoubtedly had the Liberty to read what 
Paper they pleased ; the foregoing Minutes were read : The 
Adjournment being thus agreed to, the Gentlemen of Maryland 
were asked, whether they could object to the Truth of these 
Minutes? Their Governor answered, he had nothing to say to 
any Minutes we should take; but the same Question being re- 
peated, and an Answer pressed for, he said, the Arguments used 
on their Part were not, in these Minutes, set in so strong a 
Light, as he believed he could place them in, if he were to draw 
the Minutes, and particularly observed that the Reasons he 
had given, for insisting on a Sight of the Charter for Pensil- 
vania, and Deed of Feoffment for Newcastle, were not taken 
notice of; To which it was answered, that all Arguments were 
designedly omitted : He then desired one of the Commissioners, 
on the Part of Maryland, to read a Minute they had prepared, 
which mentioning only that, in pursuance of their former Ad- 
journment, the Commissioners had met at Newcastle, to run the 
Circle, specified in the Agreement, and that, Difficultes having 
arisen touching the same, they had adjourned to the first Day 
of February, was objected to by the Commissioners on the Part 
of Pensilvania, as imperfect and unsatisfactory. The Governor 
of Maryland then producing a Paper, of some Notes he had 
taken, asked what the Gentlemen of Pensilvania could say to 
that? Which being read by him, was to this Effect, that five 
of the Commissioners for Maryland, and all those for Pensil- 
vania, being met. in pursuance of their Adjournment at New- 
town, He, upon reading the second Article of Agreement, de- 
sired a Sight of the Charter tor Pensilvania, and Deed of Feoff- 
ment for Newcastle; that it had been argued by the Commis- 
sioners on the Part of Pensilvania, that the Charter and Deed, 
being recited in the Agreement, the Proprietors on both Parts 
were bound by the said Recitals, whether true or false. This 
being read, the Commissioners for Pensilvania immediately 
objected thereto, and insisted that no such Words had ever 
been used, by any of them, for it could not be supposed that 
the Recitals drawn by Council, and mutually signed by the 
Proprietors, could be false; the Governor of Maryland said, 
that, tho' these Words might not have been used, yet they 
were consequential to what was said ; and then, putting up the 
Paper, without offering any other Minute, or an Amendment 
to that, on the Objection made, and observing that, an Adjourn- 
ment being agreed to, there was no occasion for further Disputes, 
at this time ; the Commissioners taking leave of each other, 
parted. 

The foregoing four Days Minutes are all upon one Paper, and 
are proved by Messieurs Preston and Logan, and are the Pen< 
silvania Exhibit marked Letter C. 



468 PENNSYLVANIA AND MARYLAND 

Jan. 26. 

A Commission from John, Thomas and Richard Perm, of this 
Date, appointing (in their own Names) Major Gordon the 
former Governor, to be Governor of the said Province of Pen- 
silvania and Lower Counties. Newcastle Records, No. 11, Fol. 
100. 

Note, 

They had before pxirchased a Release from their Father's 
Heir at Law. 

Feb. 1, 2, 3. 

Lord Baltimore in the Schedule to his Answer at Fol. 463. 
and the following Sheets (which are in Fol. 26. and 27. of this 
Brief) has given the Account of these Days Proceedings of the 
Commissioners, in such manner as he says his Commissioners 
returned the same to him ; But as they are very short and de- 
fective, especially of all that past on the 3d of February (after 
the pretended Disappointment for about an Hour on our Parts) 
so we have Proof that one John Georges is dead, and we have 
Proof that he swore to an Affidavit (made upon the 26th Day 
of the same February) of what past on those Days; and our 
pi-esent Witness also says, he believes that that Affidavit was 
writ by the said John Georges; On which account, as a Paper 
writ by a man since dead (though not as an affidavit) we hope 
we may read it ; And we have, the Copies of the Notices, duly 
proved, which were served upon the Maryland Commissioners 
upon the said 3d of February ; which written Paper, and which 
Notices, are as follows, viz : 

John Georges of Philadelphia in the Province of Pensilvania 
Gent, being solemnly sworn on the Holy Evangelists maketh 
Oath, That he was at Newcastle on Delaware the first Day of Feb- 
ruary Instant, where he saw Samuel Ogle, Charles Calvert, Mat- 
thew Tilghman Ward, Michael Howard, Benjamin Tasker and 
Edmund Jennings of Maryland Esquires, and likewise Isaac 
Norris, Samuel Preston, Andrew Hamilton, James Steel, and 
Robert Charles of the Province of Pensilvania; That he un- 
derstood these Gentlemen to be Commissioners appointed for the 
Execution of certain Articles agreed upon by the Propretaries 
of Pensilvania and Maryland, and had met together in the After- 
noon of that Day, and likewise in the Forenoon and Afternoon 
of the Day ' following, which was the 2d Current ; That this 
Deponent, in the Evening of that Day, being in Company with 
the above named Gentlemen of Pensilvania, heard them make 
great Complaints, of the Usage they received at the Hands of 
the Commissioners of Maryland, in giving needless Delays, 
and raising unaccountable Objecti rms to the Work then before 



BOUNDARY QUESTION. 469 

them ; That they particularly complained that, notwithstand- 
ing they had repeatedly pressed the Commissioners of Maryland 
to suffer a Clerk or Clerks to be present at their Meetings, and 
take Minutes of what should pass between them, and had sup- 
ported the Proposal by the very best and most solid Arguments 
in their Power, yet those of Maryland persisted in aflat Denial, 
would allow no other Persons but the Commissioners to be 
present at the Meetings, nor would consent that the Proceedings 
should be carried on in Writing; That the Commissioners of 
Maryland amused them, the Commissioners of Pensilvania, all 
Day long, with a very strange Interpretation of the Circle to 
be described round Newcastle, as if the same was to contain 
only twelve Miles in Circumference, instead of being described 
with a Radius of twelve Miles; That it had been proposed, on 
this Point, to consult the Mathematicians and Artists attend- 
ing on both sides; and that a Question, stated by the Commis- 
sioners of Maryland, though unfairly as was apprehended by 
those of Pensilvania, had been offered ; That besides, as no Center 
was directed by the Agreement, they questioned whether they 
had any power to fix one And this Deponent saith, that next 
day, being the 3d of this Instant February, he went, in the Morn- 
ing, to the Lodgings of some of the Pensilvania Commissioners, 
when he found they were all met together with their Artists, 
and were reducing into Writing their Thoughts on the Dispute 
then in Agitation touching the Circle, which they told this 
Deponent they intended to deliver to the Commissioners of 
Maryland, at their Meeting in the Forenoon ; That this De- 
ponent observed the Commissioners of Pensilvania to be in a 
great hurry for finishing the same; That three of the said 
Commissioners, viz. Messieurs Norris, Preston and Steel, went 
to the Court House of Newcastle, to meet the Commissioners of 
Maryland, leaving Messieurs Hamilton and Charles with the 
Artists; That this Deponent was sent to Mr. Steel, for a Paper 
in his Custody ; That no sooner was the Paper, intended for 
the Commissioners of Maryland, drawn up, and the same, with 
a Copy thereof, duly compared by this Deponent, and the said 
Commissioners setting out for the Court-House, but Mr. Norris, 
returning, said, that Governor Ogle had taken it ill to have 
waited so long, and had broke up the Meeting ; Whereupon Mi-. 
Charles, with this Deponent in Company, went to Governor 
Ogle's Lodgings, and there this Deponent heard Mr. Charles tell 
the said Governor that it could not but surprize the Commis- 
sioners of Pensilvania to find that they were gone from the Court 
House ; That probably it might, noAv, be an Hour, or an hour and 
half after the precise Time to Avhich they stood adjourned; but 
could not believe that so small a Delav could be interareted 



470 PENNSYLVANIA AND MARYLAND 

a Failure in Meeting; since that, Yesterday, the Commissioners 
of Pensilvaniahad waited a full Hour after the adjourned Time 
for those of Maryland; and that they were now ready to wait 
of them, and a good deal of Business might be transacted before 
Dinner; To which Governor Ogle replied, that he could not 
think of meeting the Commissioners of Pensilvania, till he had 
consulted the Matter ; for that, if any Advantage had arisen to 
Lord Baltimore his Constituent by the said Failure, he the 
said Mr. Ogle should think it imprudent to give it up ; upon 
which, Mr. Charles again pressed the Meeting, but the other 
refused. This passed some time after 12 o' Clock at Noon, and, 
about an Hour thereafter, several of the Commissioners of Pen- 
silvania, with this Deponent, went to the Lodgings of Gov- 
ernor Ogle, to wait upon him and the rest of the Commissioners 
for Maryland to Dinner, according to an Invitation given by 
the Gentlemen of Pensilvania the Day before ; That the Com- 
missioners on both sides, and this Deponent, dined together, 
at one Henry Newton's in the said Town of Newcastle; That, 
about an Hour after Dinner, Mr. Ogle, with the rest of Lord 
Baltimore's Commissioners, departed; That soon after, the 
Commissioners on the side of Pensilvania, with this Deponent, 
waited upon Mr. Ogle at his Lodgings, where were present two 
others of the Maryland Commissioners, viz. the Honourable 
Charles Calvert Esq; and Mr. Edmund Jennings; That Mr. 
Norris began to make some Apologies for the Commissioners of 
Pensilvania not meeting those of Maryland at the precise Hour 
agreed upon ; That the said Mr. Jennings retired from the Com- 
pany, with a View, as this Deponent supposes, that there should 
not be a Quorum of their side ; The Reasons of the Failure of 
Meeting, at the precise Time appointed, were told; and that 
one chief Cause thereof was, that as the Commissioners of Mary • 
land having, the Day before, objected something so very extra- 
ordinary, concerning the Circle about Newcastle, that those on 
the side of Pensilvania thought It proper to a-ive their Answer 
thereto in Writing, the drawing up of which occasioned their 
not being precisely punctual to Time ; That this Deponent 
having the Paper, containing those Answers, about him, signed 
by five of the Commissioners for Pensilvania, with a Copy there- 
of, he delivered it to Mr. Hamilton, who gave it into Mr. Ogle's 
Hands., That Mr. Ogle looked at the Beginning and the End 
of it, and offered it back again to Mr. Hamilton ; but he refus- 
ing to take it, Mr. Ogle threw it carelesly down upon a Chair 
near him, and said that thes r were not then a Quorum, and 
therefore, could not enter upon any Business; That Mr. Ham- 
ilton said the Commissioners of Pensilvania were now ready 
and would meet those of Mayland, either in the Court-House, 



BOUNDARY QUESTION. 471 

or at any other place, where they would appoint ; That Mr. 
Ogle insisted, that as they had failed in Point of Time in the 
Morning, he should not think himself obliged to appoint any 
other Meeting; and, as the Affair between the two Proprietors of 
Maryland and Pensilvania was of very great consequence, that 
if any Benefit should accrue to his Constituent by such Failure, 
that he could not answer it, either to Lord Baltimore or him- 
self, if he did not take the Advantage of it. That, thereupon, 
Mr. Hamilton observed that, if he imagined the Failure of an 
Hour, or an Hour and a half, could be understood as a wilful De- 
sign to break up their Meeting, that he would most certainly find 
himself greatly mistaken; for that, in all Cases, where Commis- 
sioners are appointed to transact any'Affairs, the Delay of an 
Hour, or two, or three, or more, is of little or no Signification; 
for that, though anyone particular Hour might be appointed, 
yet. if they met at any time in that Day it would be sufficient, 
and that it was an adjudged Rule, in the Books of Law, that 
Commissioners on one side were obliged to wait for those of 
the other from Nine o' Clock in the Morning till Six in the 
Evening. Mr. Hamilton, likewise, observed that it was very 
extraordinary they should so rigidly insist upon the Failure of 
so small a Space of Time, when they very well knew, that at 
their former Meetings at Newtown, and the said Town of New- 
castle, sometime in October last, many Delays were occasioned 
on their side; at Newtown especially, that the Articles of 
Agreement were objected to, because some of Mr. Penn's Family 
did not sign them; That it was made appear, they were signed 
by all the necessary Persons concerned ; and that the rest of the 
Commissioners were satisfied in that Point, when, at last, Mr. 
Ogle gave it up, but with a Reserve, for that time only ; and that, 
upon their meeting afterwards at Newcastle, pursuant to their 
Adjournment at Newtown, other Difficulties were started ; For, 
notwithstanding that, in the Articles of Agreement, Recitals 
of all the Grants and Deeds necessary wWe made, yet, they in- 
sisted upon seeing the originals, in Compliance to which the 
Commissioners of Pensilvania sent up one of their Number to 
Philadelphia, to bring down the same, which occasioned a 
Delay of one Day, at least ; That, when those Originals were 
produced, and found to be agreeable to the respective Recite- 
ments, they further insisted to have Copies thereof, or such 
Parts thereof as they thought necessary, which was likewise 
complied with ; Mr. Hamilton further mentioned that Mr. Ogle 
might very well remember, that it was the Opinion of the Gen- 
tlemen of Pensilvania that a Clerk or Clerks should be ap- 
pointed to take Minutes of the Pi"oceedings of the Commission- 
ers on both sides, that their Transactions might appear, which 



472 PENNSYLVANIA AND MARYLAND 

the Gentlemen of Maryland would not agree to; That it was 
then proposed by the Commissioners of Pensilvania that each 
Side should take their own Minutes, and exchange them signed, 
but that was also refused on the side of Maryland ; That, from 
such Proceedings, Mr. Hamilton said, he could not help ob- 
serving that it appeared to him that the Gentlemen of Mary- 
land were not inclined to execute the Articles with such Fair- 
ness, Candour and Dispatch as is therein recommended. Mr. 
Ogle replied that as he knew little or nothing of the Law, he 
desired to be excused from entring into an Argument with 
one of that Profession : A Meeting of the Commissioners being 
again pressed by those of Pensilvania, and refused on the side 
of Maryland, Mr. Charles read a Notice of Meeting at the Court- 
House of the said Town of Newcastle at Six of the Clock that 
Evening, which Mr. Ogle refused to take notice of, but it was 
left with him, and the Commissioners of Pensilvania attended 
at the said Court-House from Six of the Clock till some time 
after Eight, this Deponent being with them all the while; 
but as the Commissioners of Maryland did not come there.it was 
thought proper to give them fresh Notice of meeting on the 
Monday following, at Ten o'Clock in the Forenoon; and that 
the Deponent waited upon Mr. Ogle at his Lodgings, between 
the Hours of Nine and Ten in the Evening, and acquainted him 
that one of the Commissioners on the side of Pensilvania was 
there, with a Message to deliver him from the rest ; That Mr. 
Ogle answered, it was an unseasonable Time, and would receive 
no Messages, that he did not choose to say an uncivil thing to 
any Gentleman, and therefore desired to be excused from ad- 
mitting him; That though Mr. Ogle would not suffer that Com- 
missioner to wait upon him, yet the Notice of Meeting, at Ten 
o'Clock, on the. Monday following, as above mentioned, was 
(as this Deponent was informed) served upon four of the Com- 
missioners for Maryland, that same Night, but, instead of pay- 
ing any regard thereto, all the Commissioners for Maryland set 
out from Newcastle the next Day, being Sunday. This De- 
ponent thinks proper to observe, that though what he has above 
deposed may not be delivered in the same Words, nor in the 
same Order, in which they passed; yet, that the several Deposi- 
tions are strictly true, and as nearly in the same Words and 
Order as his Memory can furnish him with, and further this 
Deponant saith not. Sworn before the Mayor of Philadelphia 
the 26th of the same February 1732. 

Mr. Hasell the Mayor of Philadelphia not only proves that 
Mr. Georges swore to the foregoing Affidavit before him, but 
he also adds, he believes the said Affidavit was writ by the 
said Georges, and it makes the Pensilvania Exhibit markt Q. q. 



BOUNDARY QUESTION. 473 

1732, Feb. 3. 

The following is a very sensible and material Paper, which 
our Commissioners delivered to Mr. Ogle upon this Day, in 
Writing, in answer to. the pretended Doubts about the Center 
and Dimensions of the Circle, viz. 

The Commissioners on the Part of Maryland having made 
two Objections against running the Circle, or Part of a Circle, 
about the Town of Newcastle, as directed by the Agreement 
made between the Proprietaries of Penailvania and Maryland. 
1. For that there being no Center fixed, or agreed upon by the 
said Proprietors, from whence the said Circle shall be drawn, 
they conceive they have no Power to make a Center, and 
therefore are not warranted by their Commissions to run the 
said Circle. 2dly, For that the Deed of Bargain and Sale, 
or Feoffment, from the late Duke of York, to the late William 
Penn Esq ; the elder, for the Town of Newcastle, and the Lands 
about the same, being expressed in these Words, to wit, All 
that the Town of Newcastle otherwise called Delaware, and all 
that Tract of Land lying within the Compass or Circle of twelve 
Miles about the same, scituate lying and being upon the River 
Delaware in America, the said Commissioners for Maryland do 
object, That the Circumference or Periphery of that Circle is 
to be twelve Miles, which they say will make a Diameter scarce 
four Miles, or at most, it will but make a Diameter of twelve 
Miles ; so that the Radius of the Circle to be run by the present 
Agi'eement about the Town of Newcastle will be but six Miles at 
most, and that the Words in the Articles of Agreement and Com- 
missions, which direct that the Circle shall be at the Distance 
of twelve English Statute Miles from the Town of Newcastle, are 
either superfluous, or are contradictory to the Description in the 
Deed of Feoffment, and therefore, void in themselves. To 
which Objections, the Commissioners on the Part of Pensilva- 
nia, answer, that they conceive the Commissioners on both 
sides, being empowered and directed by their Commissions, in 
pursuance and in part performance of the said Articles of Agree- 
ment, to draw and mark out the said Circle mentioned in the 
Charter of Pensilvania and Deed of Bargain and Sale or Feoff- 
ment,of Newcastle, or so much thereof as shall be requisite, at 
twelve Miles Distance from the Town of Newcastle, which 
twelve Miles shall be twelve English Statute Miles, and, to do 
every thing necessary for running the same accordingly, and 
that the Words in the said Deed, as well as the Words in the 
said Articles of Agreement and the several Commissions from 
the respective Proprietors to their Commissioners, contains 
such a Certainty, as will well warrant the Commissioners to 
proceed in drawing and marking out the said Circle, or so 



474 PENNSYLVANIA AND MARYLAND 

much thereof as shail be thought requisite. As to the second 
Objection, The Commissioners of Pcnsilvania are of opinion, 
that it is not from the Words of the before mentioned Deed, 
only, that the Radius of the said Circle is to be judged of or 
measured, but, likewise, from the Charter of Pensilvania, and 
the Grant of the late Duke of York to William Penn Esq ; the 
Elder, for that Tract of Land upon Delaware River and Bay, 
now called by the Names of Sussex, Kent, and Part of New- 
castle County. And, if any Doubt could arise, upon the 
Words of the Deed of Bargain and Sale for the Town of New- 
castle, &c. concerning the Radius of the Circle of twelve Miles 
about the said Town, we conceive it is fully explained, cleared 
up, and reduced to a Certainty, by the aforesaid Charter and 
Deeds; for, it is to be observed, that, as the Town of Newcastle 
and the twelve Miles round the same, was originally appro- 
priated by the said late Duke of York for certain Purposes, 
before he granted the same to the said William Penn, so, King 
Charles the Seeond, when he granted the Province of Pensilva- 
nia, took care not to encroach upon that Circle, but begins the 
Bounds of the said Province from twelve Miles distant North- 
ward of Newcastle Town. Thus, by the King's Grant of the 
Province of Pensilvania, we see, that he understood the Peri- 
phery or Circumference of the Circle about the Town of New- 
castle to be twelve Miles distant from the same. It is further 
observable that, by the Grant of the said late Duke of York to 
the said late William Penn the Elder, of that Tract of Land 
now containing Sussex, Kent and Part of Newcastle County, the 
said Duke, who was at the Time of making the said Grant, Owner 
of both the said Town of Newcastle and the twelve Miles round 
the same, and also of the said Tract of Land lying on the River 
and Bay of Delaware, understood the Circumference of the said 
Circle to be at the Distance of twelve Miles from the Town of 
Newcastle, and, accordingly, describes the Bounds of the said 
Tract of Land as lying on Delaware River and Bay, and begin- 
ning twelve Miles South from theTown of Newcastle and extend- 
ing South to Cape Henlopen, &c. From all which, we conceive, 
it is most evident that the Circumference of the Circle about 
the Town of Newcastle is twelve Miles distance from the same, 
for so it appears King Charles the Second, who was the ori- 
ginal Granter, understood it, when he bounded the Province of 
Pensilvania at the Distance of twelve Miles North of the Town 
of Newcastle ; And the said late Duke of York, who was Owner 
of all the Land to the Southward of Pensilvania as far as Cape 
Henlopen, and had the unquestionable Right to declare the 
Meaning of his own Grant, he has declared how he understood 
the Extent of that Circle, by beginning his Grant of the Lands 



BOUNDARY QUESTION. 475 

lying on Delaware and to the Southward of the said Town of 
Newcastle at twelve Miles Distance from the same. But, were 
it possible, after Consideration had of the said Charter and 
Deeds, for any Person to be in doubt, about the Extent of the 
said Circle, or Part of the Circle, now to be markt out by the 
Commissioners, we, on the Part of Pensilvania, are clearly of 
opinion that the Proprietors of both Provinces, who are the 
sole Owners of all the Lands lying between the Bay of Chesa- 
peak and the River Susquehanna to the Westward, and the Bay 
and River of Delaware to the Eastward, have, as they had an 
undoubted Right to do, in most full and express Terms, removed 
that Doubt, by the second Article of their Agreement, where they 
say. that there shall be the said Circle mentioned in the said 
Charter for Pensilvania and Deed of Bargain and Sale or Feoff- 
ment of Newcastle (or so much thereof as is requisite) drawn 
and marked out at the twelva Miles Distance from the Town of 
Newcastle, which twelve Miles shall be twelve English Statute 
Miles. And as to the Objection, that so much of this Article 
as directs the Circle to be at twelve Miles distance from the 
Town of Newcastle is superflous, or contradictory to the Deeds 
of Feoffment aforesaid, and, therefore, void in itself, we do 
not conceive it deserves any other Answer than to say, that 
this Article is neither superfluous nor contradictory, but a plain 
Declaration of what has been always understood to be meant 
by twelve Miles about the Town of Newcastle; And that the 
Proprietors of Maryland and Pensilvania had, undoubtly, a 
good Right to divide their own Lands in such manner as they 
thought fit, And they have, accordingly, agreed that the Circle 
about the Town of Newcastle shall be drawn and markt out at 
the Distance of twelve English Statute Miles from the said 
Town, and the Commissioners on the Part of Pensilvania are 
now ready, and offer themselves to proceed to the drawing and 
marking out the same accordingly. 

Note. 

My Lord Baltimore in the Schedule to his Answer, at Fol. 
573, admits that the foregoing Paper was delivered to his Com- 
missioners, at another time, viz. upon 4 September 1733. 

The foregoing Paper is proved by Messieurs Logan, Preston, 
Steel and Taylor, and is the Pensilvania Exhibit markt E. 
Note. 

It comes out in Evidence, that there was one verbal Request, 
this Day, to meet before Dinner, and another verbal Request 
to meet, after Dinner, but, those being refused, 

1732, Feb. 3. 
A signed Notice, by four of our Commissioners, directed to 



476 PENNSYLVANIA AND MARYLAND 

the Lord Baltimore's Commissioners; That the Commissioners 
having agreed to meet at Newcastle, at Ten, or Eleven, o'Clock 
in the Forenoon of the 3d Instant, but, by reason of Indisposi- 
tion, a quorum of our Number not appearing at the precise 
Hour ; We do now give you the Commissioners on the part of 
Maryland Notice, that we will meet you at the Court-house, in 
this Town of Newcastle, at Six o'Clock tiiis Afternoon. This 
is proved by Messrs. Logan and Preston, and is the Pensilva- 
nia Exhibit B. No. 1. 

This produced no Meeting, neither. 

Feb. 3. 

Another signed Notice, by four of our Commissioners, di- 
rected to Mr. Ogle, and which was served (tho' he refused to 
be seen) upon four others of the Maryland Commissioners, That 
since you have declined meeting us this Afternoon at the Court- 
house, pursuant to the Notice given you, we judge it necessary 
to give you further Notice, that we will continue here till 
Monday the 5th Currant, in order to meet you at Ten of the 
Clock in the Forenoon of that Day, at the said Court-house, 
there jointly to proceed to the Execution of our respective Com- 
missions, which we on our parts have declared ourselves ready 
to do, as from the Paper signed by us, and this Day delivered 
by one of our Number into your Hands, may fully and clearly 
appear. This Paper is spoke to by Messrs. Logan and Preston, 
and is the Pensilvania Exhibit markt B. No 2. 

Instead of meeting on the Monday, the Maryland Commis- 
sioners left the Town, and went back to Maryland, on the 
Sunday. 

Feb. 15. 

Is the Date of Lord Baltimore's Letter to the Governor of 
Pensilvania, reviving the Meetings, and appointing one at J op- 
pa; which we have particularly charged at Fol. 304, in our 
Bill : and the Defendant has expressly admitted it in Fol. 316. 
of his Answer, which we must refer to; for we have it not to 
produce, nor are we bound to produce it, it being my Lord's 
Letter to Major Gordon, who is proved to be dead. 

Notwithstanding that Notice from my Lord Baltimore him- 
self that the Commissioners should meet at Joppa on the 7th 
of May, we shall see what my Lord himself and his Commis 
sioners did, in Maryland, in the meantime; he himself being 
then there. 

For we have proved by the Reverend Mr. Hugh Jones of 
Maryland, a Copy of the following Letter which Governor Ogle 
wrote to him, and which he sent to another Person. 



BOUNDARY QUESTION. 477 

1732, Mar. 8. 

To the Rev. Mr. Jones in Cecil County, These. Annapolis 
Mar. 8, 1732. Sir, I send you this, on purpose to desire you 
not to fail being here at the Meeting of our Assembly, having 
several Things to communicate to you in relation to his Lord- 
ships' Interest, which cannot well be brought into the Com- 
pass of a Letter; However, I can't, in the mean time help 
giving myself the Pleasure of acquainting you that we are not 
at all sorry at the unreasonable Behaviour of the Commission- 
ers for Pensilvania, in refusing to run out the Circle about New- 
castle, as mentioned in their pretended Deed of Feoffment ; 
For, altho' that would be only at about two Miles Distance 
from Newcastle, yet, it is what I believe, they would be glad 
to get hereafter; my Lord having, now, the most reasonable 
Hopes that can be of getting every Inch of the three lower 
Counties, which are so indisputably his Right. This, to tell 
you my thoughts freely, will be the greatest Happiness that 
can be to the present Tenants, however they may have been 
deceived by artful People; His Lordship being determined to 
let such of them, as behave well to his Lordship, enjoy the 
Land they hold, without exacting any thing of them, either 
for arrears of Rent, or any other Cause whatsoever besides the 
ordinary Conditions of Plantations, which you know comes 
but to a Trifle. lam Sir Your assured Friend and humble Ser- 
vant Sam. Ogle. 

This Letter has the following Underwriting " I attest that 
this is a true Copy of a Letter lately sent, by Express, from 
his Excellency the Governor to me. H. Jones. 

This Letter has an Endorsement thereon thus "To Mr. Lloyd, 
"Mai-. 17, 1732. Sir, 'Tis a great Satisfaction to me, that my 
"Lord Baltimore will condescend to the Particulars of this 
"Letter; I communicate it to you, to shew any of your Friends 
"that may have any Interest therein, and am, Sir, Your's. H. 
" Jones. 

The foregoing Copy of a Letter is proved by Hugh Jones 
Clerk of Maryland, and is the Pensilvania Exhibit in a marbled 
Cover, No. 2. 

Note. 

This was to draw off our Tenants, while my Lord himself had 
writ to appoint a new Meeting at Joppa, and the Original 
hereof was writ by his Governor and first Commissioner Mr. 
Ogle. 

But, lest this should not be quite plain enough, nor quite 
publick enough, we have also proved the following printed 
Advertisement. 



478 PENNSYLVANIA AND MARYLAND 

Mar. 21. 

•'Annapolis, Mar. 21, 1732. By Order of the Right Honour- 
"able che Lord Proprietor. To all Persons whom it may con- 
" eern, All Takers-up of Land within the Province of Maryland, 
" who may pretend to hold them by virtue of any Grants or Pat- 
" ents, not deriving the same from the present Proprietor or his 
"Ancestors, will be intitled to no Benefit thereby, unless they 
"make speedy Application to Matthew Tilghman Ward Esq; 
"Agent for the Proprietor. Sign'd by Order, John Ross Dep. 
" Agent. 

This also is proved by Hugh Jones of Maryland Clerk, and 
is the Pensilvania Exhibit in a marbled Cover, markt No 1. 
and was, by my Lord's own Order posted up on the Borders 
of the Three lower Counties. 

So that, while my Lord, himself, had appointed the new 
Meetings of the Commissioners at Joppa, and was himself in 
Maryland, here were written, and printed, Invitations and 
Threats, to draw of our Tenants, and they were to apply to Mr. 
Ward, another of my Lord's Commissioners. And these last 
printed Papers are proved to have been stuck up on the Borders 
of the Three Lower Counties by my Lord Baltimore's own 
Orders. 

1733, Mar. 28. 

The Notice signed by all the Pensilvania Commissioners, and 
served personally upon six of .Lord Baltimore's Commissioners 
in Maryland, viz. 

Gentlemen. Five of us, the underwritten Commissioners ap- 
pointed by virtue of a Commission from the Honourable the 
Proprietaries of Pensilvania, for executing certain Articles of 
Agreement concluded between them and the Right Honourable 
Charles Lord Baltimore, Proprietor of the Province of Mary- 
land, touching the Limits of the said Provinces and Counties 
of Newcastle, Kent and Sussex on Delaware, having met the like 
Number of you, the Commissioners appointed by the said Lord 
Baltimore, at Newcastle, on the first Day of February last, pur- 
suant to our former joint Adjournment, and continued together 
till the 3d Day of the same Month, when, from a pretended Fail- 
ure by reason of a Quorum of us not appearing at the precise 
Hour in the Forenoon of that Day, to which we stood adjourned, 
you thought fit to withdraw yourselves from the Court-house of 
the said Town of Newcastle, the Place of our Meeting, and, not- 
withstanding you, and we, met together, several times, after- 
wards, in the same Day, yet, insisting on" that supposed Fail- 
ure, you refused, as Commissioners, to join with us, in the 
Execution of our respectiv? Commissions, by which Refusal, 



BOUNDARY QUESTION. 479 

we were obliged to serve you with Notice to meet us the same 
Evening, at sixo'Clock, at the Court-house of Newcastle afore- 
said, which you neglecting to do, we, the same Evening, again, 
ser\ed a Quorum of you (Access being denied us, to others of 
your Number) with Notices to meet us at the Place aforesaid 
on Monday the 5th Day of the said Month ; which, likewise, 
you thought fit so little to regard, that, leaving Newcastle the 
Day before, you again neglected to meet us at the Time and 
Place, by the said Notices appointed. But we the underwritten 
Commissioners, notwithstanding the Disregard shewed to our 
former Notices, being still willing to proceed on the Business 
which now lies before the Commissioners jointly, (viz.) the 
Execution of the second Article of the said Agreement, which 
follows in these Words. "That there shall be the said Circle, 
"mentioned in the said Charter for Pensilvania, and Deed of 
" Bargain and Sale or Feoffment of Newcastle (or so much there- 
"of as is requisite) drawn and markt out at the 12 Miles Dis- 
"tance from the Town of Newcastle, which 12 Miles shall be 12 
"English Statute Miles") Do hereby give you, and each of you, 
Notice, That we, or a sufficient Quorum of us, will attend at 
the said Town of Newcastle on Delaware (which by the joint 
Consent of the Commissioners on both Sides, hath been acknow- 
ledged to be the only Place proper for beginning the Business 
immediately before us) on the 16th Day of April next ensuing, 
there to meet and join with you, agreeable to the Directions 
of our respective Commissions, in proceeding to draw and mark 
out the said Circle accordingly. (riven under our Hands at 
Philadephia the 28th Day of March 1733. 

The foregoing Paper is proved by Messrs. Logan and Preston, 
who signed, and by William Biddle who serv'd it; and is the 
Pensilvania Exhibit markt B. No. 5. 

May 7. 

The written Question from the Maryland Commissioners, 
whether the Pensilvania Commissioners, would run out any 
Circle, other than at 12 Miles Distance? And the Pensilvania 
Answer, that they conceived themselves directed to run no other 
than that in the Articles, which they mention s erbatim. This 
is proved by Messrs. Preston, Logan and Steel, and is, exactly 
asset forth by the Schedule to the Defendant's Answer at Fol. 
532, 533. The Original is Pensilvania Exhibit markt Letter H. 

May 8. 

The Pensilvania Commissioners written Proposal, and the 
Maryland Answer of this Date, are set forth in Fol. 536. of 
the Defendant's Answer. The Orginals are proved by Messrs. 
Logan, Preston and Steele, and are the Pensilvania Exhibit 
markt I. 



480 PENNSYLVANIA AND MARYLAND 

May 8. 

The Maryland Commissioners written proposal and the Pen- 
silvania Answer, of this Date, are set forth in 540. of the De- 
fendants answer. The Originals are proved by Messrs. Logan, 
Preston and Steele, and are the Pensilvania Exhibit markt J. 

May 9. 

The written Minute of Adjournment from Joppa is set forth 
in the Defendant's- Answer, Fol. 545. The Original is proved 
by Messrs. Logan, Preston and Steel, and is markt K. 

May 26. 

The written Minute of this Day is set forth in Fol. 550. of the 
Defendant's Answer. The Original is proved by Messrs. Logan, 
Preston and Steel, and is markt L. 

Aug. 2. 

An Order of the King in Council, made upon the Petition of 
the now Plaintiffs, John, Thomas and Richard Penn, and upon 
a Report from the Committee of Council dated the 1st of Au- 
gust; taking Notice that they had delivered to the Lords of 
Trade a Declaration under their Hands and Seals, in the usual 
Form, for saving the Right claimed by the Crown to the three 
Lower Counties; whereby his Majesty approved of the said 
Patrick Gordon to be Deputy- Governor of Pensilvania without 
Limitation of Time, and of the said Counties during his Pleas- 
ure only; provided he qualified himself according to Law, and 
gave 2000Z. Security before the Lieutenant-Governor of Virginia 
for observing the Acts of Trade. This Exhibit is Co. Off. No 
27. 

Note— This Order of Council is also entred in Newcastle 
Records, No. 11. Fol. 102. 

Sept. 3. 

The Pensilvania Demand, of this Date, is set forth in the 
Defendant's Answer Fol. 553. The Original is proved by Messrs. 
Logan, Preston and Steel, and is Pensilvania Exhibit, Letter M. 

Sept. 4. 

The Maryland Answer thereto of this Date, is set forth in the 
Defendant's Answer Fol. 556. The Original is proved by Messrs. 
Logan, Preston and Steel, and is in Pensilvania Exhibits, Letter 

N. 

Sept. 4. 

The Pensilvania Paper of this Date, is set forth in the De- 
fendant's Answer Fol. 562. The Original is proved by the same 
three, and is in the Pensilvania Exhibits, Letter O. 

Sept. 5. 
The Maryland Answer of this Date, is set forth in the Defend- 



BOUNDARY QUESTION. 481 

ant's Answer Fol. 588. The Orignial is proved by the same 
three, and is in the Pensilvania Exhibits, Letter P. 

£ept. 6. 

The Pensilvania Categorical Demand, that the others would 
run the Circle at 12 Miles Distance, or else declare they would 
not? The Copy is set forth in Defendant's Answer Fol. 584. 
The Original is proved by the same three, and is in Pensilvania 
Exhibits, Letter Q. 

Sept. 6. 

The Maryland Answer thereto, they cannot agree to that 
Circle. The Copy is set forth in Defendant's Answer Fol. 596. 
The Original is proved by the same three Persons, and is in 
Pensilvania Exhibits, Letter S. 

Sept. 6. 

The Maryland Demand, whether the Pensilvania Commis- 
sioners will run no other Circle? The Copy is set forth in De- 
fendant's Answer Fol. 598. The Original is proved by the same 
three Persons, and is in the Pensilvania Exhibits, Letter R. 

Sept. 6. 

The Pensilvania Answer, that they can't agree to run any 
other. The Copy is set forth in the Defendant's Answer Fol. 
599. The Original is proved by the same three Persons, and is 
in the Pensilvania Exhibits, Letter T. 

Sept. 6. 

The Minute of Adjournment to the 14th of November. The 
Copy thereof is set forth in the Defendant's Answer Fol. 601. 
and the Original is proved by the same three Persons, and is 
in the Pensilvania Exhibits, Letter U. 

Nov. 14. 

From the Newcastle Records, an Entry recorded there, of a 
Testimonial given by Mr. Gooch the Lieutenant-Governor of 
Virginia, under the G-reat Seal of that Colony, that Colonel 
Gordon had taken the Oaths, subscribed the Test, took the 
Oath of Office, and given 2000Z. Bond to observe the Acts of 
Trade, before him. Newcastle Records, No 11. Fol. 103. 

Nov. 16. 

The Maryland Paper of Proposals at Newcastle, to go away 
to Cape Hinlopen to run the East and West Line there. The 
Copy is set forth in the Defendant's Answer, Fol. 606, and the 
Original is proved by Messrs. Logan, Preston and Steel, and is 
in the Pensilvania Exhibits, Letter W. 
31— Vol. XV. 



482 PENNSYLVANIA AND MARYLAND 

Nov. 17. 

The Pensilvania long Answer thereto, recapitulating the 
several Instances of Chicanery which had been used by the 
Maryland Commissioners. The Copy is set forth in the De- 
fendant's Answer Fol. 609. and the Original is proved by the 
same three Persons, and is in tne Pensilvania Exhibits, Letter 
X. 

Nov. 19. 

The Maryland long Answer thereto, pretending that there 
were no Minutes taken to justify what was therein contained, 
(which was one of the Objections all along that they refused 
to let Minutes be taken) and telling them plainly they must 
either continue at Newcastle without running the Circle, or 
else depart without Adjournment. The Copy is set forth in 
the Defendant's Answer, only with some Mistakes in the Copy- 
ing made by the Clerk, Fol. 635. and the Original is proved by 
the same three Persons, and is in the Pensilvania Exhibits 
markt Letter Y. 

Nov. 20. 

The Pensilvania long Reply thereto is set forth in the De- 
fendant's Answer Pol. 671. The Original thereof is proved by 
the same three Persons, and is in the Pensilvania Exhibits 
markt Letter Z. 

Nrv. 22. 

The Maryland Paper then delivered. It is set forth in the 
Defendant's Answer Fol. 703. And the Original thereof is 
proved by the same three Persons, and is in the Pensilvania 
Exhibits markt Letter Z a. 

Nov. 23. 

The Pensilvania Answer thereto is set forth in the Defend- 
ant's Answer Fol. 716. and the Original is proved by the same 
three Persons, and is in the Pensilvania Exhibits markt Letters' 
Z b. 

Nov. 24. 

The Pai-ting Minute, signed by the Commissioners on both 
sides, declaring their Difference in Judgment to be, whether 
the Circle was to be 2, or 12 Miles distant from Newcastle, 
and then breaking up without further Adjournment. The full 
Purport of this is set out in our own Bill Fol. 347. It is again 
set out, verbatim, at Fol. 338. in the Body of the Defendant's 
Answer, and also at Fol. 726. in the Schedule to his Answer. 
The Original is proved by Messrs. Logan and Preston, and is 
in the Pensilvania Exhibits markt Letters Z c. 



BOUNDARY QUESTION. 483 

Jan. 10. 

A Report then made by all the seven Pensilvania Commis- 
sioners to their Proprietors, and then signed, and afterwards 
sworn and affirmed to by them, in Pensilvania, containing in 
it a Minute Relation of all that had nast from day to day, 
between the Commissioners on both sides, and also containing 
Copys, at full length of all the foregoing Papers which past, 
between them ; and which Paper (as some of those Commis- 
sioners are since dead) we have proved to have been signed and 
sworn to by all the seven Commissioners, by Messrs. Logan, 
Preston, Hamilton and Graeme. It is, of itself, a large Book, 
under the Great Seal of Pensilvania, markt A. 

But as others of the Commissioners are still living, and have, 
in this Cause, given Evidence to the same Facts, and proved 
the Copies of the same Papers exchanged between the Commis- 
sioner on each side, I would not again incumber you with that 
Heap of Matter. 

Only this, That in Fol. 26. and 27. of this Report, they have 
inserted the Body of my Lord Baltimore's Letter of 15 Feb. to 
revive the Meetings of the Commissioners, and appointing the 
Meeting at Joppa for the 7th of May, of which at present we 
have no other Copy. 



Chap. XV. From Christinas 1733, to the Time of filing the present 
Bill in June 1735. 

1734, Aug. 8. 

The now Defendant's Petition to the King in Council, wherein 
he states the Charter for Maryland, and that his Ancestors, 
pursuant to the Design of the said Charter, with great Charge 
and Difficulty proceeded to cultivate and settle such Part of 
the Country so granted, as the Nature thereof would admit, 
intending, by Degrees, to make a compleat Settlement of the 
whole. "That it appeal's by an Order of Council of the 4th of 
"April 1638, that Captain William Clayborne, on the Behalf of 
"himself and Partners, having presented a Petition to his late 
"Majesty, King Charles the First, shewing that, by a Commis- 
"sion from his Majesty, they had planted upon an Island in 
"the Great Bay of Chesepeak in Virginia, named the Isle of 
" Kent, and others Places therein mentioned, and bestowed 
"great Charges thereon, and that the Lord Baltimore had ob- 
"tained a Patent from his said Majesty, comprehending the 
"said Island and Places, within the Limits thereof, they thereby 
"prayed a Grant of Confirmation of the said Island and 
"Places to the said Petitioners; and the Matter of the said 



484 PENNSYLVANIA AND MARYLAND 

" Petition being referred to the then Lord Archbishop of Canter- 
bury, the Lord Keeper, Lord Privy Seal, and others, and it 
"appearing that the said Isle of Kent was within the said Lord 
"Baltimore's Patent, and it appearing also, by an Order of 
"Council of the 3d of July 1633, that the Right and Title to 
"the said Isle of Kent, and other Places in Question, had been 
"resolved and declared absolutely to belong to the Lord Bal- 
"timore, their Lordships declared, that no Grant should pass 
"to the said Clayborne or any others of the said Isle of Kent, 
"or other Places within the said Patent." That the Petitioner 
conceives, from the said Order of Council, and from the Body 
of the Patent, (which hath no restrictive Words of hactenus 
inculta) that all Lands, within the Limits of the said Patent, 
did pass to the Lord Baltimore ; but finds that, pursuant to an 
Order of Council dated the 31st May 1683, the Lords of the Com- 
mittee for Trade and Plantations, amongst other Things, re- 
ported that the Land intended to be granted by the Lord Balti- 
more's Patent, was only Land uncultivated and inhabited by 
Savages, and that Part of the said Land called Delaware was in- 
habited by Christians, at and before the Date of the Patent, 
[Here, in pretending to set out this Order, he only leaves out 
these essential Words, viz. As it hatn been ever since to this 
Time, and continued as a distinct Colony from that of Maryland] 
and were, therefore, of Opinion that the Tract of Land lying be- 
twaen the River and the Eastern Sea on the one-Side, and Cheso- 
peake Bay on the other, should be divide into equal Parts, by a 
Line from the Latitude of Cape Hinlopen to the 40th Degree of 
Northern Latitude, and that one Half thereof, lying towards 
the Bay of Delaware and the Eastern Sea, should be adjudged 
to belong to his then Majesty, and that the other Half should re- 
main to the Lord Baltimore, as comprized within his Charter, 
which was accordingly ordered by his said Majesty King James 
the Second by Order of Council of 7th November 1685. But the 
Petitioner shews, that if any Part of the said Tiact of Land 
mentioned in the said Report was inhabited at the Time of the 
said Patent, by any Christians, yet, they were not Subjects of 
the Crown of England, but Swedes and Dutchmen, or the Sub- 
jects of Foreign Nations. That, as the whole of that Part of 
the said Peninsula is plainly described within the Limits of 
the said Grant to the Petitioners's said Ancestors under whom 
he claims, so he conceives the same was intended to pass, and 
did pass, by the said Charter: in regard the chief Design thereof 
was to enlarge and extend the English Empire and Domin- 
ion, and, therefore, in the Body of the said Charter all that 
Part of the said Peninsula, comprized within the Limits therein 
delineated, is granted, without any Qualification or Restric- 



BOUNDARY QUESTION. 485 

tion, of the said Words hactenus inculta mentioned in the 
Recital of the said Charter. That, alt ho' the said Order of 
King James cannot legally infringe the Rights of the said 
Charter, yet, the same may hereafter create Doubts, and occa- 
sion the Petitioner's Right, to the Lands therein mentioned, 
to be drawn in question, and thereby create great Expence to 
the Petitioner; but the Petitioner prays the King not to inter- 
pret the said Words hactenus inculta, in a Sense exclusive of 
any Part of the said Peninsula lying within the Limits of the 
said Charter, altho' some very small Parts thereof should, at 
the Date thereof, happen to have been inhabited by the Sub- 
jects of Foreign Powers; and that, in regard the Petitioner's 
Ancestors had been at great Expence and Hazard, to settle and 
plant that Part of the said Peninsula, described within the 
Limits of the said Charter, and to extend the Empire and Do- 
minion of the Crown of England, agreeable to the Royal In- 
tention, as expressed in the said Charter. He prays that the 
King would, by a further Charter or Letters Patent, confirm 
unto him and his Heirs and Assigns the whole of such Part of 
the said Peninsula as is contained within the Limits of the said 
Charter, notwithstanding the said Words of hactenus inculta, 
in the Recital of the said former Charter or Letters Paten t~ in- 
serted. Co. Off. No. 28. 

Note. 

You'll observe there is not a Syllable of Mention made in this 
Petition of the Province of Pensilvania, or of the Proprie- 
tors of it, or of the three lower Counties, (which are not once 
named) or of the long Possession and Improvement made there- 
on, or of the Articles of Agreement which he had entred into : 
but he, by this Petition, presented in a few Days after a Second 
of the Plaintiffs was gone abroad, falsely sets up the pretended 
forged Order of 4 April 1638, drops every material word in the 
Final Order made in 1685. and petitions, behind the Plaintiffs 
Backs, upon these Falsehoods and gross Concealments, for a 
Grant to himself of those three lower Counties which he had 
already conveyed and covenanted to make further Assurance of 
to the Plaintiffs ; and, their Interest whereto, he had covenanted 
to support and assist, by all the Means in his Power. But this 
is like every other Part of his Proceedings. 

1734, Aug. 8. 

By Order in Council the foregoing Petition was referred to 
the Lords of Trade to examine the Matters and Facts contained 
therein, and report the same, together with their Opinion, there- 
upon, to his Majesty. Co. Off. No. 20 

When this Petition was preseuted Mr. John Penn was, a few 



486 PENNSYLVANIA AND MARYLAND 

Days before only, gone to Pensilvania; Mr. Thomas Penn the 
second Brother, had been there constantly for two Years before, 
immediately after executing the Agreement; and there was 
none of them in Europe but Mr. Richard Penn, the youngest 
Brother, who was but just come of Age, and knew nothing of 
the Matter. 

There was no Notice of this Petition given, even to him, but 
the Lords of Trade by their Secretary, sent a Sort of Notice of 
this Petition to Mr. Paris, who on the 17th of October brought 
him down to the Lords of Trade. 

Dec. 19. 

Th3 now Plaintiff Richard Penn presented a Petition to the 
King in Council in behalf of himself and his two elder Brothers, 
then in Pensilvania setting forth what the former Lord Balti. 
more had petitioned for, and the Crown had granted to him, in 
1632; That that Province of Maryland was evidently known to 
produce to the Lord Baltimore a very great yearly Profit, and 
was, by much, the most beneficial Grant in any Subject's Hands 
in America; That at, and long before, the Grant to Lord Balti- 
more, the Eastern Side ot the Peninsula had been possest, and 
was held, by the Swedes and Dutch, as had been manifested 
and determined by many Orders, made after the fullest Hear- 
ings and Examinations in Council ; and those Lands were, long 
after that Grant, taken, and afterwards confirmed by Treaties, 
from the Dutch ; That on 4 March 1680, King Charles made the 
Grant of Pensilvania; and in 1682. the Duke of York conveyed 
the three lower Counties, which lay contiguous to Pensilvania, 
and on the Eastern Side of the said Peninsula, to the Petition- 
er's Father, with Covenants for further Assurance; and the 
Duke had, for a lone: time, been in full Possession of the same 
under Grants from the Crown ; and had exercised, by his Officers, 
all Sorts of Acts of Ownership, Proprietorship and Government 
therein; That there had been, soon after those last Grants, such 
a Contest in 1683, 84 and 85. and such Determination made ; 
which Order of 1685 the L:>rd Baltimore had, several Times 
since, petitioned against; suggesting that it had been made ex 
parte, or that he had not been heard thereto ; but, upon Ex- 
aminations into such Suggestions, they likewise have been de- 
clared to be untrue, and the said Order has thereupon been 
repeatedly confirmed by subsequent Orders in Council in 1708 
and 1709. That the Lord Baltimore hath greatly extended his 
true Bounds, Northwards, beyond the Beginning of the 40th 
Degree, as known and understood at the Time of his Grant, 
but nevertheless, the same do not extend to include the 3 lower 
Counties, nor do include above a very small Part of one of th e 
said Counties. That, after the said Order in Council was made, 



BOUNDARY QUESTION. 487 

the Petitioner's Father, fairly and for valuable Considerations, 
purchased the Lands, which had been so granted to him as 
aforesaid, from the Indian Natives in those Parts, and sold 
great Parts of his Family Inheritance, in England and Ireland, 
(which is of above 1500Z. a Year) and has constantly possest 
and cleared, settled, peopled and cultivated these Tracts, so 
granted him ; insomuch, and to so great a Degree, that the same, 
altogether, make, without Exception, the most flourishing 
Colony in America for its Age; the Number of Inhabitants in 
the 3 lower Counties only, being at least 70,000 Souls. That the 
Petitioner's Father had done this, in the Space of about 50 
Years, without one Penny Charge to the Crown or Publick, 
and at his own sole, but very great, Expence ; having been 
forced, in order to accomplish the same, to mortgage the very 
Lands granted to him, besides selling his Family Estate, and 
to contract other great Debts, many of which are to this Hour 
unpaid, an 3 for some of which he lay in Prison a considerable 
Time; and the Petitioner's Father, or his Family, have never 
received any Sort of Benefit to themselves, from this Grant, 
nor from his Father's great Labours, Toil, Hazard, and Ex- 
pence, but are, as yet, many Thousands of Pounds the worse 
for the same. That as the Bounds between Maryland and the 
3 lower Counties had not been exactly delineated and marked 
out, neither the Petitioners Father, nor themselves, have been 
able to raise or receive the Quit Rents out of the lower Counties, 
the Lord Baltimore still making some Pretensions to Land 
there, whereby the Petitioners have been hindered from mak- 
ing even further Improvements, and also from receiving some 
small Fruit and Benefit from this great Undertaking. That in 
1731, the present Lord Baltimore drew out, with his own Hand, 
and offered to the Petitioners his own Proposals for an Agree- 
ment, in order to accomodate all Differences, and to settle the 
Bounds between Maryland and Pensilvania, and the three lower 
Counties; the first Clause whereof was in the Words following, 
"There shall be a Circle of 12 Miles Distance drawn from New- 
castle.*' That the said Lord Baltimore, by those Proposals, 
insisted to extend and stretch his Country, on the North Part, 
towards and into the Province of Pensilvania; and, on the 
East Part, towards the 3 lower Counties also, in a manner to 
which the Petitioners conceived he was no way intitled; but, 
to put an end to all manner of Differences and Disputes, and 
that the Petitioners might begin to reap some small benefit, 
they agreed to every one of Lord Baltimore's own Proposals 
in the manner he himself had offered them. And his own Plan 
ot the Country in Question was engraved by his own Mathe- 
matician, and was printed on the side of the Articles of Agree- 



488 PENNSYLVANIA AND MARYLAND 

ment; which Articles were, during 10 Month's Time, under the 
Consideration of his own Counsel, Mathematician, Solicitor, 
and other Agents, and were at last executed by the Lord Bal- 
timore and the Petitioners on the 10th of May 1732. That those 
Articles contained the fullest, plainest and clearest Directions 
for the actual running and marking out the dividing Lines, 
and also contained Renunciations and Releases, in Fee, from 
each of the Parties, to the other, of the Lands on the respec- 
tive sides of the dividing Lines (which Lines were markt out 
on the Map in the very Margin of the Articles) and of all their 
Claims and Interests therein and thereto, and more particu- 
larly the Lord Baltimore himself conveyed thereby, to the Pe- 
titioners, the said three lower Counties; and one particular 
Clause was comprised in the said Instruments, in the following 
express Terms "That there shall be the said Circle, mentioned 
"in the said Charter for Pensilvania, and Deed of Bargain and 
" Sale or Feoffment of Newcastle, or so much thereof as is re- 
quisite, drawn and markt out at the 12 Miles Distance from 
"the Town of Newcastle, which 12 Miles shall be 12 English 
"Statute Miles." And the Lord Baltimore covenanted for 
further Assurance and that he would use all friendly Means 
and Offices, to the utmost of his Power, to assist and support 
that Agreement, and the Rights, Interests and Pretentions of 
the Petitioners by virtue thereof. That the Petitioners had 
good reason to hope, when they had concluded that Agreement 
with the Lord Baltimore, at his own Request, and upon his 
own Terms also, that they should have enjoyed the Benefit of 
so much Labour and Expence, And the Lord Baltimore and the 
Petitioners executed Commissions, to 7 Commissioners of each 
side, to mark and run out the Lines, described and mentioned 
in the Articles. And the Petitioner Thomas Penn went to 
Pensilvania, and, some time after, the Lord Baltimore went to 
the Province of Maryland. That, before his Lordship's Arrival 
there, the Commissioners, on both sides, had had several Meet- 
ings to run out the Lines, and the first thing in course to be 
done, and the first thing directed by the Articles to be Performed, 
being to mark out the Circle round the Town of Newrastle, the 
Lord Baltimore's Commissioners, most surprisingly, insisted to 
run a Circle not 12 Miles distant from Newcastle, as was agreed in 
express Terms, but something less than 2 Miles distant there- 
from, declaring that they understood the Articles to mean a 
Circle whose Periphery was only 12 Miles, the Diameter of 
which would be less than 4, and consequently it could not be 
12 Miles distant, but something less than two Miles distant, 
from Newcastle: nor would they seem to understand the Words 
of the Articles in any other sense, unless the Lord Baltimore 



BOUNDARY QUESTION. 489 

himself should ceitify them to the contrary. That, as his Lord- 
ship was expected in Maryland in some few Months, the Peti- 
tioners Commissioners readily agreed to adjourn the Proceed- 
ing till he should arrive, that he might explain to his own 
Commissioners whether the Words of the Artisles [of lz Miles 
Distance from the Town] meant only two Miles Distance, or 
not; not in the least doubting but his Lordship, who had so 
earnestly pressed and obtained that Agreement from the Peti- 
tioners, would have instantly set his Commissioners right in 
their pretended Misapprehension. But, after his Lordship's Ar- 
rival, his Commissioners still refused to mark out any other Cir- 
cle than that they had so contended for, although his Lordship 
was several Months in Maryland during their Meetings, and 
thereupon the Lines were not actually markt out, which was 
occasioned purely and simply by the Misapprehension, or pre- 
tended Misapprehension, of the Lord Baltimore's Commission- 
ers, of those plain words, and not from any other Cause what- 
ever. — That the Lord Baltimore returned to England, and the 
Petitioner John Penn had occasion to go to Pensilvania, (the 
Petitioners' Affairs there being in a very indifferent Scituation, 
for want of the said Lines being run out. That, in a very 
short time after that the said John Penn (who is the eldest 
brother, and had all the Papers relating to this affair in his Cus- 
tody, and had been most conversant therein) was gone for Pen- 
silvania, the Lord Baltimore presented a Petition to his 
Majesty on the 8th of August last, without so much as naming, 
or taking the least notice of the Petitioners, or of his own sol- 
emn Agreement and Conveyance, but setting forth the Grant 
in 1632, and setting forth some other Matters relating to an 
Island called Kent (which no manner of way relate to the mat- 
ter in Question) and partially reciting the Order of Council of 
November 1685, and containing an Allegation, that, if any Part 
of the Tract mentioned in that Order was inhabited at the time 
of the Grant to the Lord Baltimore, by any Christians (which 
the Petitioner seems to doubt, tho' so clearly and fully estab- 
lished) yet, that they were not Subjects of England, but of For- 
eign Nation, and therefore, as the whole Description of that. Pavt 
of the Peninsula, in the granting Part of the Patent, did not, a 
second time, contain the Qualification or Restriction of Hac- 
tenus ineulta menti oned in the Recital of the Patent, he, by 
his Petition, behind the Petitioners Backs, prayed that his Ma- 
jesty would, by a further Charter, confirm to him the said Lord 
Baltimore his Heirs and Assigns, the whole of such Part of the 
Peninsula as was contained within the Limits of the said Char- 
ter, notwithstanding the Restriction in the Recital; Thereby, 
as the Lord Baltimore expects, and has in explicit Terms ac- 



490 PENNSYLVANIA AND MARYLAND 

knowledged, to make a subsequent Grant to Lord Baltimore 
of these very Lands which he had so lately, and alter so much 
Advisement, conveyed to the Petitioners, which is what the 
Petitioners could not have expected. That, throughout the 
Lord Baltimore's whole Petition, there's nothing which informs 
iiis Majesty of the Length of the Petitioners Possession, of the 
very great Improvements made by their Father (to his own and 
Family's Ruin) of the Agreement so solemnly and so lately 
entred into between the Lord Baltimore and the Petitioners, 
or of the Conveyance which himself had so lately made to the 
Petitioners of the three lower Counties (and which Matters the 
Petitioners conceive might have been very proper for his 
Majesty's Information) but, on the contrary, every thing tend- 
ing thereto is dropt and concealed, and upon the Face of that Pe- 
tition it might seem as if the Lord Baltimore was petitioning 
his Majesty only for some small trifling Tract of Land, which 
was neither claimed. posSest or improved by any Person in the 
World. That his Majesty having been pleased to refer the said 
Petition to the Consideration of the Lords for Trade, their 
Lordships, in the Course of their Office knew of the Petitioners 
Possession and Clai'n, and from their great Justice it was, that 
the Petitioner Richard Penn received (about tne 17th of Octo- 
ber 1734) the first notice that any such Petition was depending. 
That the said Petitioner, without the most material Papers, 
or any Instructions, having lost the Assistance of his former 
Counsel, did get a new Counsel, who had never been acquainted 
with this very intricate Affair, to attend the Lords for Trade 
and Plantations upon the 21st of October last, when a first 
Hearing was had, and another appointed for the 20th Day of 
December now next, at which former Hearing it was insisted 
by the Lord Baltimore's Counsel, that if your Petitioners 
should not shew a, clear legal Title to the Lands prayed for, 
that your Majesty might be advised to make a Grant now, as 
prayed, to the Lord Baltimore, which (as was pretended) could 
not invalidate the Right of your Petitioners, if any they had; 
but the Petitioners humbly apprehend, that such a Grant 
might create very great Disorders and Inconveniencies, and 
would raise the greatest Trouble and Disputes imaginable, and 
the rather from the Difficulty of settling a, proper Jurisdiction 
in that Country to try the Rights of the Parties. That the 
Petitioner Richard Penn is interested but a small matter, in 
proportion to his two elder Brothers, in the Lands in question, 
and they, alone, have always had the Custody of the Deeds and 
Papers relating to this Dispute (which has depended now above 
50 Years, but which it was hoped was ended by the Agreement 
in 1732) and have had the Management of the Affair; and the 



BOUNDARY QUESTION. 491 

present Petitioner has not intermeddled, or been acquainted 
therewith, and is therefore in a most defenceless State, now in 
their Absence. That the Petitioners Interests, and also those 
of all the Inhabitants in the three lower Counties, who hold 
by Titles derived from the Petitioners Father, and who have 
laid out their whole Substance in improving particular Parcels 
there, would be affected, by granting the Prayer of the Lord 
Baltimore's Petition, and the Petitioner prays Leave to inform 
his Majesty, that many Thousands of the Inhabitants in the 
said lower Counties are of the People called Quakers, who have 
ever behaved as loyal and faithful Subjects, and who, or their 
Ancestors, l'etired thither to settle in a Place where they have 
ever enjoyed Freedom of Conscience, and who might be deeply 
affected, in their Temporal and Religious Rights, both, if now 
to be put under another Government. That, from the first 
Notice the Petitioner Richard Penn hath had of the Lord Bal- 
timore's Petition, no Opportunity (in regard of the Season of 
the Year) hath offered, of informing the two other Brothers in 
Pensilvania thereof. That his Majesty has not hitherto been 
strict upon his Subjects Titles in America, where a long Pos- 
session and real Improvement has been made, and the Peti- 
tioners hoped, that their very lone: Possession, and very great 
Improvement, added to the good Title they have will induce 
his Majesty to quiet them in their Possession. Therefore pray, 
that they may not, upon the Petition of the Lord Baltimore, 
be drawn (especially at so great a Surprize, and in such an un- 
common Case) to set forth their Right to their antient Posses- 
sion, and that his Majesty would not be pleased, at the Lord 
Baltimore's Request, who has so lately conveyed these Lands to 
the Petitioners, to strip the Petitioners (who have not hitherto 
received any Benefit from the said Grant) to give the Fruit 
of their great Labour. Hazard and Expence, to the Lord Bati- 
more(who has already so very beneficial a Grant) and that his 
Majesty will not be pleased to grant the Prayer of the said Lord 
Baltimore's Petition, but to dismiss the same, and to confirm 
the Petitioners Possession and Title, agreeable to the Limits in 
the said Deeds of May 1732, between the Lord Baltimore and 
the Petitioners, and to indulge the Petitioners with a reasonable 
Time to be heard hereon, and to grant the Petitioners all other 
Relief in the Premises. Co. Off. No. 30. 

1734, Dec. 19. 

By Order in Council, made upon reading this Petition, it was 
referred to the Lords of the Committee of Council to consider 
the same, and report their Opinion thereupon to his Majesty. 
Co. Off. No 31. 



492 PENNSYLVANIA AND MARYLAND 

It is very true, that we did try to get our foregoing Petition 
also referred down to the Lords of Trade; but, as it came in so 
late, the Lords of the Council would not refer it thither ; Where- 
fore, and as the younger Brother, in truth, knew nothing of 
this old Affair, we resoUed to let the Board of Trade (whose 
Inclinations we could very well guess at) make their Report ex 
parte, upon my Lord Baltimore's Petition: And accordingly, 
they made just such a Report thereon as was expected. 

Jan. 16. 

Report from the Lords of Trade to the King, That they had con- 
sidered Lord Baltimore's Petition, and acquaint his Majesty, 
that the Lands in Question, commonly called the three lower 
Counties on Delaware River, supposed to be excepted by the 
Words Hactenus inculta, appear to them to be included in the 
Limits granted by King Charles the First to the Lord Balti- 
more's Ancestors, but they have been in the Possession of the 
Penn Family for several Years, which made it proper for us to 
communicate the Purport of Lord Baltimore's Petition, and of 
his Majesty's Order thereupon, to the Agent for Messieurs John, 
Thomas and Richard Penn the present Proprietors of Pensil- 
vania, that they might have an Opportunity of laying before 
us what they should think proper in relation to this Petition, 
and to their Title to the said Lands.* And we have been fre- 
quently attended by the said Agent, and by Mr. Richard Penn, 
one of the said Proprietors, upon this Subject, who promised, 
from time to time, to lay an Account of their Title before us; 
but, after having kept us in Expectation thereof, for several 
Months, they, at last, refused to proceed therein, whereby we 
are disabled from offering anything to your Majesty, relating 
to their Claim, except what we find by our Books, namely, 
that, for sometimes past, when any of their Family, Pro- 
prietors of Pensilvania, have nominated a Person for the Ap- 
probation of the Crown to be Deputy Governor of that Prov- 
ince, and of the said three lower Counties, they have given 
Declarations, under their Hands and Seals, which are extant 
in our Office from the Year 1702, to the last Nomination in 1733, 
whereby they acknowledge and agree that the said Approbation 
and Allowance shall not be construed in any manner to diminsh 
or set aside the Right claimed by the Crown to the said three 
lower Counties. Upon their Refusal to proceed herein, we 
thought it oar Duty to examine the Facts set forth in the Lord 

*Mr. Paris, in fact, was not Agent for Mr. Penns, nor Sollicitor for 
them, neither; though the Lords of Trade called him so, to warrant 
their own Proceeding without sending any Copy of the Petition to the 
Persons it reallv concerned. 



BOUNDARY QUESTION. 493 

Baltimore's Petition, and the Equity alledged by him as a 
Ground for his Hopes of your Majesty's favour in this Case. 
Whereupon we beg leave to acquaint your Majesty, that we find 
the Lord Baltimore's Original Patent bears Date the 20th of 
June 1632 and there is no room to doubt, that the Lands in 
Question are comprised within the Limits described in that 
Grant. And, with regard to the Interpretation of the Words 
Hactenus inculta, we have examined the antient Records of our 
Offlce,f and find by an Order of Council dated the 4th of April 
1638, which recites the Purport of a former Order dated the 3d 
of July 1633, that one Captain William Claybourne having, in 
behalf of himself and Partners, set forth in a Petition to the 
King, that divers Years past they had discovered and planted 
upon an Island in the great Bay of Chesapeak in Virginia, 
which they had named the Isle of Kent, and that they had 
likewise settled another Plantation, upon the Mouth of a River, 
at the bottom of the said Bay in the Sasquehannaugh Country, 
and that the Lurd Baltiaiore, taking notice of the great Benefit 
that was likely to arise to them thereby, had obtained a Patent 
from his Majesty, comprehending the said Island within the 
Limits thereof; upon which he besought his Majesty to grant 
him a Patent, under the Great Seal, for the quiet keeping, en- 
joying and governing of the said Island, Plantations, and Peo- 
ple, &c. Whereupon all the Parties having been fully heard, 
we find the Sense of the Council expressed in the following 
Words, "That, upon what then appeared to them, and also 
"upon Consideration of a former Order of that Board, dated 
"July 3d 1633, wherein it appeared that the Difference now in 
"Question, being then controverted, the Lord Baltimore was 
"left to the Right of his Patent, and the Petitioners to the 
"Course of Law, their Lordships, having resolved and declared 
"asabovesaid, the Right and Title to the said Isle of Kent and 
"other Places in Question to be absolutely belonging to the 
"Lord Baltimore, and that no Plantation or Trade with the 
" Indians ought to be, within the Precincts of his Patent, with- 
"out Licence from him, did, therefore, likewise think fit and 
"declare, that no Grant from his Majesty should pass to the 
"said Cleyborn, or any others, of the said Isle of Kent, or other 
"Parts or Places within the said Patent, whereof his Majesty's 
"Attorney and Sollicitor General are hereby prayed to take 
"notice." But we find that, upon a Dispute, betwixt the Lord 
Baltimore and the Duke of York (for whom Mr. William Penn 
was then Agent) concerning a Tract of Land in America, com- 

fThey have no Record, nothing but an unauthentick Copy, of this 
pretended Order. 



494 PENNSYLVANIA AND MARYLAND 

nionly called Delaware, wherein we conceive the said three 
lower Counties to be comprized, the Lords of the Committee 
for Trade and Plantations reported their Opinion, in May 1683, 
that the Land intended to be granted by the Lord Baltimore's 
Patent, was only Land uncultivated and inhabited by Savages, 
and that the Land, then in Dispute, was inhabited and planted 
by Christians, at and before the Date of Lord Baltimore's 
Patent,* whereupon they proposed that the Land, lying between 
the River and Bay of Delaware, and the Eastern Sea, on the 
one side, and the Chesapeak, on the other, should be divided 
into two equal Parts, by a Line from the Latitude of Cape 
Hinlopen, to the 40th Degree of Northern Latitude, and that 
one half thereof, lying towards the Bay of Delaware and the 
Eastern Sea, be adjudged to belong to his Majesty, and the 
other half to the Lord Baltimore, as comprized within his 
Charter. Soon after King James the Second's Accession to the 
Crown, that is to say, in 1685, this Report was ordered to be 
carried into Execution, and was confirmed by the late Queen 
in ,1709. Whereupon, as the Sense of the Crown and the Lords 
of the Council, in these several Decisions, seems to have been 
governed by the Acceptation of the Purport of the Words Hac- 
tenus inculta, we beg leave to observe to your Majesty, that not- 
withstanding these Words are in the Preamble, yet they are not 
inserted by way of Restriction in the Body or Granting Part 
of Lord Baltimore's Charter, and as the Authorities seem to 
us to be equal with regard to the Interpretation hitherto given 
them, we must humbly submit it to your Majesty, whether the 
Sense in which they were understood by the Privy Council in 
1633 and 1638, being so soon after the Date of Lord Baltimore's 
Patent, when the real Intention of the Crown in that Grant 
might have been more clearly known to the Lords of the 
Council, or the later Decision thereupon, when this Matter was 
again made the Subject of an Enquiry in Council, so long after- 
wards as 1683, and 1685, should have the Preference?! Thus 
much hath occured to us upon the Subject of Lord Baltimore's 
Pretentions to the Lands petitioned for, and we cannot enter 
into any Examination of the Claim of the Penn Family, because 
thev have declined to proceed therein before us. But, if it should 
be determined that the Right to the Lands in Question still 
remains in the Crown, we humbly beg leave to offer our Opinion, 
that the Lord Baltimore hath very just Pretensions to your 
Majesty's Favour, in Consideration of the great Sums of Money 
that have been expended by his Ancestors, in settling the Prov- 

*Here they drop the very Heart and Essence of the real Order. 
fBallancing a Fiction in 1638, against a most solemn Reality in 1685. 



BOUNDARY QUESTION. 495 

ince of Maryland, and in bringing the Cultivation of Tobacco 
to Perfection there, whereby the Trade and Revenue of this 
Kingdom have gained, and do daily receive very great Aug- 
mentations. But to whomsoever your Majesty shall be pleased 
to grant the said Lands, if still remaining in the Crown, in our 
humble Opinion proper Care should be taken to preserve the 
Inhabitants settled there, in the full Possession of all their Re- 
ligious and Civil Rights. All which is most humbly submitted. 
Co. Off. No. 32. 

1735, May 10. 

A Report from the Committee of Council, made upon consid- 
ering the Report made by the Lords of Trade, upon the Peti- 
tion of Charles Lord Baltimore, praying for a Grant of Con- 
firmation of such Part of a Peninsula in America, as is con- 
tained within the Limits of the Charter, granted to his Ances- 
tor, in the Reign of King Charles the First, notwithstanding 
the Words Hactenus inculta, which are inserted in the Recital of 
the said Charter; and also made, upon two Petitions, the one in 
the Name of Richard Penn Esq; the youngest surviving Son oi 
William Penn Esq ; deceased, in Behalf of himself and his two 
elder Brothers John and Thomas Penn Esqs; now in Pensilva- 
nia, setting forth their Right to the three Lower Counties of 
Newcastle, Kent and Sussex, lying within, and contiguous to, 
the said Peninsula, and therefore praying to be heard against 
the confirming the said Peninsula, to the Lord Baltimore; And 
the other, in the Name of the People called Quakers, in behalf 
of several Thousand Families of Quakers, Inhabitants of the 
said three Lower Counties, praying also to be heard against the 
confirming the said Lands to the Lord Baltimore: The Lords 
of the Committee, this Bay, took the said Report and Petitions 
into their Consideration, and were attended by Council, as 
well for the Lord Baltimore, as the other Petitioners, and it 
appearing that on the 10th of May 1732, Articles of Agreement 
had been entred into, between the Lord Baltimore and the said 
John, Thomas and Richard Penn, for adjusting the Boundaries 
of the Lands granted to them, by their respective Charters, 
which Articles had not been carried into execution, within the 
Time thereby limited, But, notwithstanding such Lapse of 
Time, the Valididy of the said Articles being insisted on. 
by and on behalf of the said John, Thomas and Richard 
Penn. The Lords of the Committee do agree humbly to report 
to your Majesty, as their Opinion, that the Consideration of 
the said Report and Petitions should be adjourned, until the 
End of Michaelmas Term next, in order to give an Opportunity 
to the said John, Thomas, and Richard Penn, to proceed in a 



496 PENNSYLVANIA AND MARYLAND 

Court of Equity, to obtain Relief upon the said Articles of 
Agreement, so insisted upon by them, according as they shall be 
advised ; and that after the expiration of the said Time, either 
Party should be at liberty to apply to the Committee of Council 
for Plantation Affairs, as the Nature of the Case may require. 
Co. Off. No. 33. 

May 1C. 

An Order of the King in Council approving the skid Report 
and ordering that the Consideration of the said Report and 
Petitions, be adjourned, until the End of Michaelmas Term 
next, that the said John, Thomas and Richard Penn may have 
an Opportunity to proceed in a Court of Equity, to obtain 
Relief upon the said Articles so insisted upon by them, accord 
ing as they shall be advised; And his Majesty doth hereby 
further order, that after the Expiration of the said Time, either 
Party be at liberty to apply, to the Committee of Council for 
Plantation Affairs, as the Nature of the Case may require. 
Whereof all Persons whom it may concern are to take notice, 
and govern themselves accordingly. Co. Off. No. 33. 
June 21. 

The now Plaintiffs did, in pursuance of the last Order, file 
their present Bill against the Defendant. 



Chap. XVI. Of Matters which have past since the Filing our 

present Bill. 
June 24. 

By Indenture of Release Samuel Preston and James Logan, 
the two Survivors of the Twelve Trustees to whom Proprietary 
Penn had by his Will devised all his Lands in America upon 
Trust, conveyed unto John Penn and Thomas Penn and their 
Heirs, all the Lands, &c. in Pensilvania and in the three lower 
Counties, &c. To hold one Moyety thereof to the Use of John 
Penn in Fee, To hold one Quarter part to the Use of Thomas 
Penn in Fee. and to hold the other Quarter part to the Use 
of Richard Penn in Fee. Parchment Deed proved by Daniel 
Flexney. 

1737, March 26. 

By Indenture of Release enrolled in Chancery, Alexander 
Forbes and William Penn the Grandson, conveyed the Mort- 
gage which had been made to the said William Penn of Pen- 
silvania, for securing the 5000Z. and Interest, unto Thomas 
Jackson in Fee. Parchment Deed proved by Paris. 

March 26. 
By a Declaration of Trust enrolled in Chancery dated the 



BOUNDARY QUESTION. 497 

same Day, Thomas Jackson declared that one Moyety of the 
Money, paid to buy up that Mortgage, was the Money of John 
Penn, and that the said John Penn was interested one Moyety 
in that Conveyance from Forbes and William Penn, and should 
have a Conveyance thereof. Parchment Deed proved by Paris, 

March 28. 

An Entry of the Commission granted by John, Thomas and 
Richard Penn to Colonel George Thomas to be Deputy Gov- 
ernor of Pensilvania and the three Lower Counties in. New- 
castle Records. No. 11. Fol. 104. 

April 21. 

The now Defendant presented a Petition to the King in 
Council, setting forth his Charter, and that he was indis- 
putably intitled to the Tract called Maryland, and likewise to 
another Tract called the three Lower Counties, which lye con- 
tiguous to Maryland on one side, and to Pensilvania on the other 
but are really (as he said) within the Bounds of his Charter, 
and therefore he apprehends they are Part of his Province, and 
as such belonging to him. That in King James the Second's 
Time, Advantage was taken of the Expression Hactenus inculta 
and, under that Suggestion, the Crown took the three Lower 
Counties into their own Possession; That the said three Lower 
Counties, being then incapable to support a separate Governor, 
and the Petitioners Ancestors being soon after under some legal 
Disabilities [Roman Catholicks] the Crown permitted the same 
Person who was Governor of Pensilvania to act as Governor 
likewise over the three Lower Counties; but, to evidence that 
this was not done as considering them as Part of Pensilvania, the 
Proprietors have, always, signed a Declaration that it should 
not prejudice the Bight claimed by the Crown to the said three 
Lower Counties ; [He forgets that we held the Government the 
first twenty Years without any such Declaration.] That the 
People of Pensilvania, in settling, have made great Incroach- 
ments on Maryland; To prevent which he, in 1723, made such 
an Agreement; but they still made Encroachments; to prevent 
which, he, in 1732, on the Application and Request of the Pro- 
prietors of Pensilvania, entred into another Agreement with 
them ; but that Agreement was to be void if the Lines were not 
run by 25 December 1733; which Time being expired, and the 
Lines not run, he's advised the said Agreement is null and 
void : That he has since found he was most grossly deceived and 
imposed upon, by the Proprietors of Pensilvania, in makingthat 
Agreement: insomuch that, if it had not been void by Lapse 
of Time, he's advised he should have been relieved against the 
32— Vol. XV. 



498 PENNSYLVANIA AND MARYLAND 

same, on the Head of Fraud and Imposition ; That he presented 
a former Petition, to have a confirmatory Grant of the three 
Lower Counties, and that Petition having been referred to the 
Lords of Trade, and they having reported thereon, and that 
Report coming on to be heard, together with another Petition 
on the part of the Pensilvania Proprietors, and they insisting 
on the said Agreement, as subsisting and in full force, the Lords 
suspended proceeding on his Petition, till the Validity ot the 
Articles should be determined, on such Bill to be brought by 
the Proprietors of Pensilvania, and a Bill has been accordingly 
filed, for a specifick Performance of the Articles, and is now de- 
pending. 1. That, during this Dispute, the Sheriff of Pensil- 
vania with 40 Men in Arms entred the Province of Maryland, 
and attackt and took Prisoner Captain Thomas Cressap, one 
of his Tenants, in Cressap's own House, and carried him Pris- 
oner to Pensilvania. [Note this Fellow had murdered several 
Persons, was got up very far North in the Country, and, to 
screen himself, said he was there in Maryland, and he was under 
Lord Baltimore's Jurisdiction, and my Lord thought proper 
to patronize and support the Fellow.] 2. That the Proprietors 
of Pensilvania had lately petitioned his Majesty to approve of 
Colonel Thomas to be Deputy Governor of Pensilvania and 
the said three Counties; That he had no Objections to Colonel 
Thomas's Person, but as the Proprietors of Pensilvania had 
acted so, in regard to Captain Cressap, and had no legal Right 
or Title to the said three lower Counties, He prayed two sev- 
eral things, (which were, at several and distinct times, con- 
sidered) viz. That no Person should be appointed Deputy Gov 
ernor of the lower Counties upon the Recommendation of the 
Proprietors of Pensilvania, but that, until the Dispute between 
them and him touching the Validity of the Articles should be 
determined, some indiffernt Person might be appointed to have 
the Command over the said three lower Counties, by Commis- 
sion from the King, or, at least, that Colonel Thomas, if to be 
appointed Governor of the three lower Counties, should be so 
appointed by Commission directly from his Majesty, and not 
by Commission from the Pensilvania Proprietors. And he like- 
wise prayed that Directions might be given for quieting the 
Possessions, on either side, near the Boundaries, till the Mat- 
ters in Dispute should be adjusted here at home. Co. Off. 
No. 34. 

1737, April 21. 

By Order in Council that Petition was referred to the Lords 
of the Committee of Council, to consider the same, and report 
their Opinion thereupon to his Majesty. Co. Off. No. 85. 



BOUNDARY QUESTION. 499 

May 5. 

By an Order, made by the Lords of the Committee, upon 
reading a Report from the Lords of Trade, which was made 
upon a Petition of the now Plaintiffs, praying the King's Ap- 
probation of Colonel Thomas to be Deputy Governor of Pen- 
silvania and the three lower Counties, and, upon considering 
Lord Baltimoi'e's Petition referred to the Committee the 21st 
of April last, the Lords ordered that the said Report should 
be referred back to the Board of Trade, together with Lord 
Baltimore's said Petition, who were to examine into the whole 
Matter, and report their Opinion thereupon to the Committee. 
And whereas there was also laid before the Committee a Refer- 
ence of the 17th of March last, of another Petition from the 
President, Council and Assembly of Pensilvania, complaining 
of several Acts of Violence done, by Persons acting under Lord 
Baltimore, against the People of Pensilvania, together with 
my Lord Baltimore's Answer thereto, and several Papers ac- 
companying the same, their Lordships likewise ordered that 
all those Papers should be transmitted to the Lords of Trade, 
that they might examine into the same, at the same time as 
they should consider of the other Matters above referred to 
them, if they thought fit; in which case they were likewise to 
report their Opinion thereupon, to the Committee, otherwise, 
to re-transmit the said Papers. Co. Off. No. 36. 

June 3. 

A Report from the Lords of Trade that they had read all the 
Papers referred to them, and had heard my Lord Baltimore 
and Mr. Penns, by their Council, what they had to offer, with 
regard to the Appointment of Colonel Thomas by the ProDrie- 
tors of Pensilvania, for the Government of Pensilvania, and 
the three lower Counties ; upon which they report, " That 
"from the Time that the Province of Pensilvania, and the 3 
"lower Counties were possest by the late William Penn, they 
"have been governed either by the Proprietor, or by Deputies 
"appointed by him and his Successors with the Approbation 
"of the Crown ; and upon every Appointment of a Deputy Gov- 
ernor the Proprietors have constantly signed an Instrument 
"declaring under their Hands and Seals that his Majesty's Ap- 
probation and Allowance of the Deputies so appointed by 
"them for the Government of the 3 lower Counties shall not be 
"construed in any manner to diminish or set aside the Right 
"claimed by the Crown to the said 3 lower Counties*; what this 
"Right claimed by the Crown is, as also the Claim made by 

*This is true from 1702 to this time; but 'twas otherwise from 1682 
to 1702. 



500 PENNSYLVANIA AND MARYLAND 

"my Lord Baltimore, appears very distinctly set forth in a Re- 
port to his Majesty of 21 October 1717. from Sir Edward 
"Northey and Sir William Thompson, then Attorney and Sol- 
"licitor General, and of which we take leave to annex a Copy." 
The Lords of Trade further report, that there having been 
Disputes, between Lord Baltimore and the Proprietors of Pen- 
silvania, touching Boundaries, an Agreement was made, between 
them, 10 May 1732. relative thereto, and not being carried into 
Execution, the Proprietors of Pensilvaniahad filed their Bill in 
Chancery against Lord Baltimore for a specific Performance 
thereof ; " Which Dispute being yet depending in the said Court, 
"we don't think it proper to advise any Alteration in the usual 
"manner of appointing the Deputy Governor of the said Three 
"Lower Counties." And the Lords of Trade re-transmitted the 
Petition from the President, Council and Assembly of Pensil- 
vania, relating to Boundaries, and other Papers on that Subject, 
but proposed, in order to prevent Disturbances for the future, 
that the King should enjoin the respective Governors to- pre- 
serve Peace and good Neighbourhood. Co. Off. No. 37. 

June 15. 

The Defendant put in his Answer to our Bill, wherein, by 
the way, he now swears that the Lower Counties are oy no 
means contiguous to Pensilvania, for that one is of the one 
Side, and the others on the other Side of Delaware. A wonder- 
ful Change since his Petition of the 21st of April last, not two 
Months before ! 

July 21. 

Lord Baltimore did not at all like the Report of the Board of 
Trade in Favour of our Nomination, wherefore he petitioned 
the King in Council against it ; and insisted that by Sir Edward 
Northey' s and Sir William Thompson's Report of 1717, it 
clearly appeared Mr. Penns had no legal Right or Title to the 
lower Counties; and that on 16 Jan. 1734. the Lords of Trade 
had made such an [ex parte] Report in his Favour; so that the 
Petitioner may very safely affirm that there has never yet been 
any one Determination in Favour of the Right claimed by Mr. 
Penns to the said 3 lower Counties, and he apprehends it is 
impossible for them to make out any legal Right or Title 
thereto ; whereas it appears by the said [ex parte] Report, that 
the same are included within the Limits of the Maryland 
Charter; that tho' the said Counties have been, for many Years 
past, under the Government of the same Person as was ap- 
pointed Governor of Pensilvania, yet all those Governors (save 
the last) were so appointed while his Ancestors were under 
legal Disabilities, being Roman Catholicks. and when the 



BOUNDARY QUESTION. 501 

Government of Maryland was in the Hands of the Crown, or 
during the Petitioner's Infancy, therefore hopes those instances 
shall not be used as an Argument now, when those Disabilities 
are removed ; and the rather, because such Appointments have, 
in the Progress of the Disputes with Mr. Penn, been constantly 
made use of, and insisted on, as Evidence of their Right, in 
Opposition to that claimed and insisted on by the Petitioner; 
and, as such Approbation, at this Juncture, and pending the 
Dispute now carrying on in Chancery, would, in all Probability, 
be insisted on by them, as a further Evidence of their Right, 
not only against the Petitioner, but against the King too, 
which might be of great Disadvantage to the Petitioner* That 
the Petitioner does not desire the Government of the said 
Counties to be put into the Hands of any of his Nomination ; 
all that he desires being, that they may be under the Govern- 
ment of an indifferent Person, till the Disputes between Mr. 
Penns and him, in relation thereto, are finally settled and ad- 
justed ; and that, whoever the Person is, he may be appointed 
by Commission directly from his Majesty. Therefore prays 
the King to reject Mr. Penns Nomination of Colonel Thomas 
to be Governor of the said lower Counties, and that the King 
will please to appoint Colonel Thomas, or such other as He 
shall think fit, to be Governor of the said Counties, by Com- 
mission from his Majesty, till the said disputes shall be finally 
determined between him and Mr. Penns; and that this Peti- 
tion may come on to be heard at the same time with his former 
Petition, and the Report of the Lords of Trade made thereon. 
Co. Off. No. 38. 

July 21. 

This Petition was by Order in Council referred to the Lords 
of the Committee of Council to consider the same and report 
their Opinion thereon. Co. Off. No. 39. 

Feb. 4. 

A Report from the Committee of Council, That they had ap- 
pointed a Day to consider the two Petitions of Lord Baltimore, 
referred the 21st of April and 21st of July, relating to the Ap- 
pointment of the Deputy Governor, but, in the mean time, 
and before the Consideration thereof, the Agent for Lord Bal- 
timore attended the Committee, and signified to them that 
there was a Suit now depending in Chancery between the Pe- 
titioner and the Proprietors of Pensilvania, for determining 

*After all these Apprehensions, when this Petition was appointed 
to be heard, Lord Baltimore would not stand a Hearing; but prayed, 
and had Leave, to withdraw this Petition, that is, in effect, not to 
proceed on it, for the Petition still remains in the Office. 



502 PENNSYLVANIA AND MARYLAND 

the Right to the said 3 lower Counties, and that the Petitioner, 
upon further Consideration, was willing to wait, till the same 
should be determined, and did not intend to make any Opposi- 
tion to the Nomination of Colonel Thomas, and therefore 
prayed to be permitted to withdraw his said Petitions. The 
Lords of the Commitee thereupon report that his Majesty may 
be pleased to permit and allow the Petitioner to withdraw his 
said two Petitions accordingly. Co. Off. No. 40. 

Feb. 6. 

By Order in Council made upon reading that Report, his 
Majesty in Council approved that Report, and ordered that 
the Lord Baltimore be allowed to withdraw his said two Peti- 
tions accordingly. Co. Off. No. 40. 

Feb. 7. 

Being the very next Day, the Lords of the Committee made 
a further Report, upon Mr. Penns Nomination of Colonel 
Thomas, that his Majesty might be pleased to approve ot Colonel 
Thomas to be Deputy Governor of Pensilvania, and the 3 lower 
Counties of Newcastle, Kent and Susses in the Manner, and 
upon the Conditions proposed by the Lords of Trade, [which 
were in the same Words as the other former instances] and 
Colonel Thomas, being then in the Leeward Islands, they pro- 
posed he might qualify himself, and give the Security, before 
the Governor or Commander in chief in one of the Leeward 
Island. Co. Off. No. 41. 

Feb. 15. 

By Order in Council his Majesty approved that Report, and 
order'd according to what was thereby proposed. Co. Off. No. 
42. 

Note, An Entry of this last Order in the Newcastle Records, 
No. 11. Fol. 106. . 

1738, May 4. 

The Lords of the Committee of Council made a Report to the 
King in Council, upon the Petition of the President, Council 
and Assembly of Pensilvania, and likewise some cross Petitions 
from Maryland, which had been referred to their LDrdships 
on 17 March 1736, and 21 July 1737, complaining, on both Sides, 
of Disorders and Outrages, committed on the Borders of Mary- 
land and Pensilvania ; and stating that they had made a former 
Report on the 29 of July 1737, and that his Majesty had there- 
upon made a (temporary) Order on 18 Aug. 1737; That, since 
that Time, several fresh Petitions had come in, from Maryland 
and from Pensilvania, complaining of fresh Disorders, and that 
Mr. Penns had petitioned for the King's further Pleasure to be 



BOUNDARY QUESTION. 503 

declared relating to the said Order of 18 Aug. 1737; That the 
Lords of the Committee had on^the 23d Feb. last proceeded to 
take all the Papers relating to the said Complaints made by 
each of the Provinces into Consideration, and were attended 
by Council on both Sides, and likewise by the Proprietors of 
both Provinces, and the Counsel desiring that Time might be 
allowed the Proprietors, to confer together, in order to come to 
some agreement amongst themselves, that so the Peace of both 
Provinces might be preserved, till such time as the Boundaries 
could be finally settled, the Lords of the Committee had com- 
plyed with their Request, and being, this Day, attended by all 
Parties, the Counsel acquainted the Committee that the Pro- 
prietors, of each Province, had accordingly met and agreed to 
the there following Propositions; to which Propositions the 
Proprietors of each Province had signified their Consent, 
before the Committee, and declared their Readiness to carry 
the same into Execution, if his Majesty should be pleased to 
approve thereof: and the Committee, considering that this 
Agreement might be a proper Expedient for restoring Peace 
and Tranquillity between the said Provinces, and for prevent- 
ing any the like Disturbances for the future, did therefore agree 
to lay the same before his Majesty for his Royal Approbation. 
Co. Off. No. 43. 

Note, So much of that Agreement as any way relates to the 
present Point was, fixing between the (meer) Province of Pen- 
silvania and Mryland a Line for Temporary Jurisdiction, to be 
exercised in those respective Provinces. And as the Articles of 
10 May 1732, had made the North Bounds of Maryland, and the 
South Bounds of Pensilvania, to be just 15 Miles South of 
Philadelphia, so, to come as near to it as might be, (but not 
to confirm it) it was agreed that the provisional and temporary 
Limits, till the Boundaries should be finally settled, should be, 
on the East Side of Susquehannah River, 15 Miles and one 
Quarter South of Philadelphia, and on the West Side of Sus- 
quehannahRiver, 14 Miles and 3 Quarters South of Philadelphia; 
but this, to be without Prejudice to either Party; and it was 
also agreed that the respective Proprietors should receive the 
Quit-Rents due on their own Sides of that temporary Line; 
and the Order of Council of 18 Aug. 1737, (which had laid Re- 
strictions upon Mr. Penns as to their granting out of Lands in 
the lower Counties) was agreed to be discharged. 

May 25. 

By his Majesty's Order in Council made upon reading the 
said Report, in order to preserve Peace and Tranquillity between 
the said Provinces, and to prevent any the like Disturbances 



504 PENNSYLVANIA AND MARYLAND 

for the future, his Majesty in Council approved of the said 
Agreement, entered into between the Proprietors of the said 
respective Provinces, and ordered that the Proprietors of the 
said respective Provinces of Maryland and Pensilvania, should 
cause the said Agreement to be carried into Execution ; whereof 
the said Proprietors, and all others whom it might concern, 
were to take notice, and govern themselves accordingly. Co. 
Off. No. 43. 

1740, Jan. 29. 

By Bargain and Sale enrolled Thomas Jackson re-conveys 
the Pi'emises which had been mortgaged originally to William 
Penn for 5000Z. unto John and Thomas Penn and their Heirs. 
As to one Moiety to the Use of John Penn and his Heirs in Fee, 
as to one Quarter Part to the Use of Thomas Penn and his 
Heirs in Fee, and as to the other Quarter Part to the Use of John 
and Thomas Penn in Fee, but in Trust for Richard Penn, his 
Heirs and Assigns for ever. Parchment Deed proved by Paris. 
1740. 

A written Map made of Part of Pensilvania, and of the three 
Lower Counties, &c. extremely material for the understanding 
of this Case, which Map divers Witnesses, Surveyors in other 
Provinces as well as in Pensilvania, have been examined and 
have spoken to, viz. Jacob Hewling, Thomas Miles, Thomas 
Noxon and Benjamin Eastburn. Map in a large marbled Paper 
Cover — Of which there is a printed Copy at the Beginning of 
this Brief (say Book.) 

1742, May 28. 

A Release from Letitia Aubrey (the Daughter of Proprietary 
William Penn) to the said John, Thomas and Richard Penn of 
the 10,000 Acres left her by her Father, and of all Claims by Vir- 
tue of his Will. This was executed in order to make her an 
unexceptionable Witness, she being examined 3 or 4 Days after. 
Parchment Deed proved by Paris. 



Chap. XVII. Containing No Proof, but a Case stated to, and 

the Opinions of, Sir Clement Wearg, Mr. {now Lord Chief 

Justice) Willes, and Sir Philip Yorke, (now Lord Chancellor) 

thereon, relating to the Construction of Lord Baltimore' s 

Charter, and his Bounds. 

MARYLAND, in the Grant from King Charles the 1st to the 

Lord Baltimore, dated the 20th of June 1632, is thus described, 

viz. "That Part of a Peninsula, lying in the Parts of America, 

"between the Ocean on the East, and the Bay of Chesopeake on 

"the West, and divided from the other Part thereol by a Right 



BOUNDARY QUESTION. 505 

"Line, drawn from the Promontory or Cape of Land called 
"Watkius's Point (seituate in the aforesaid Bay near the River 
" Wighto) on the West, unto the main Ocean on the East, and, 
"between thai Bound on the South, unto that Part of Dela- 
"ware Bay on the North, which lyeth under the 40th Degree of 
"Northern Latitude from the Equinoctial, where New England 
"ends. And all that Tract of Land, between the Bounds afore- 
"said, that is to say, passing from the aforesaid Bay called 
"Delaware Bay, in a Right Line, by the Degree aforesaid, unto 
"the true Meridian of the first Fountain of the River Potow- 
"meck, aud, from thence, trending towards the South, unto 
" the farther Bank of the aforesaid River, and following the 
"West and South side thereof, unto a certain Place called 
"Cinquake, situated near the Mouth of the said River, where 
"it falls into the Bay of Chesopeake, and from thence, by a 
"straight Line, unto the aforesaid Promontory or Place called 
"Watkins Point." 

Pensilvania, in the Grant from King Charles the Second to 
William Penn Esq; dated the 4th of March 1680, is thus de- 
scribed, viz. "All that Tract or Part of Land in America, 
"with all the Islands therein contained, as the same is bounded 
"on the East by Delaware River, from twelve Miles Distance 
" Northward of Newcastle Town, unto the 43th Degree of North- 
ern Latitude, if the said River doth extend so far Northward, 
"but if the said River doth not extend so far Northwards, then, 
"by the said River so far as it both extend, and from the Head 
"of the said River, the Eastern Bounds are to be determined by 
"a Meridian Line, to be drawn from the said River unto the 
"43th Degree; The said Lands to extend Westward five Degrees 
"of Longitude, to be computed from the said Eastern Bounds, 
"and the said Lands to be bounded to the North by the Be- 
"ginning of the three and fortieth Degree of Northern Latitude, 
"and on the South by a Circle drawn at 12 Miles Distance from 
"Newcastle, Northwards and Westwards, unto the Beginning 
"of the 40th Degree of Northern Latitude, then, by a straight 
"Line, Westward, to the Limits of Longitude above-mentioned." 

The Grant of Maryland begins with that Part of a Peninsula 
lying between the Ocean on the East (by which most of it is 
bounded) and Chesopeake Bay on the West: The Extent of 
the Province Northward is to that Part of Delaware Bay, which 
lyeth under the 40th Degree of Northern Latitude, and the 
Northern Boundary of it is a Right Line passing from Dela- 
ware Bay by the Degree aforesaid. In this Description, Dela- 
ware Bay is twice mentioned as the Limits of Maryland ; but 
neither Delaware River, which falls into the Bay of that Name, 
nor Sasquahannah, the great River which falls into the Head 



506 PENNSYLVANIA AND MARYLAND 

of Chesopeake Bay, are mentioned on any account; but the 
Peninsula is confined to the Ocean and Bay of Delaware on the 
East, and Chesopeake Bay on the West, which two Bays, 
bending in, at their Heads, towards each other, truely from a 
narrow Isthmus or Neck of Land terminating the Peninsula 
there. 

The Geographical Maps of those Parts, extant at the Time of 
the Grant for Maryland, from whence there are very strong 
Arguments to prove the Description of that Province was taken, 
placed 40 Degrees very near to the Head of Chesopeake Bay 
and the aforesaid Isthmus there. 

From all which it appears where the Northern Boundary of 
Maryland was, by the Grant, understood to be placed, viz : at 
that Isthmus or Northern Part of the Peninsula, near the 
Heads of the Chesopeake and Delaware Bays, and not far from 
the Town built on Delaware by the Dutch, since called New- 
castle. 

Pensilvania, by the Grant for it, is bounded on the South by 
a Circle drawn at 12 Miles distant from Newcastle, Northward 
and Westward, that is, by the Northward and Westward Parts 
of that Circle, unto the Beginning of the 40th Degree of North- 
ern Latitude, then by a straight Line, &c. which seems per- 
fectly to agree with the above-mentioned Bounds of Maryland. 

In the Years 1681 and 82, great Numbers of sober and indus- 
trious People, with their Families and Estates, by Favour of 
that Grant, went over to Pensilvania, and there laid out their 
Substance in settling themselves, and making large Improve- 
ments, beginning at the Southern Bounds of the Province on 
Delaware River, as those Bounds are above described. 

And about the Year 1683, the Lord Baltimore, then in Mary- 
land, caused a Line to be run and marked out, 6 or 8 Miles 
more Northerly than the above-mentioned Bounds, as his North- 
ern Boundary at that time; Upon which he demanded of the 
Proprietor of Pensilvania, all the Lands to the Southward of 
it, as by the Copy of his Commission annexed, appears: and 
Pensilvania, to avoid Contention, has never, hitherto, made 
any Grant or Settlement to the Southward of that Line. 

But in the Year 1714, by a large Astronomical Instrument 
sent over on purpose, and by another since that time, the Lord 
Baltimore caused Observations of the Latitude to.be made, by 
which they extend the Claim of Maryland not only beyond the 
Peninsula and Isthmus, the Bays of Delaware and Chesopeake, 
and the Line run by the present Lord Baltimore's Ancestor, 
but, passing the Isthmus, they carry it up the Rivers Delaware 
and Sasquahannah (which exceedingly diverge in their Courses) 
so far as to take in the most valuable Improvements of all Pen- 



BOUNDARY QUESTION. 507 

silvania. alledging that the true Position of the 40th Degree 
will fall somewhat above the Town of Philadelphia, and that 
they are not to be confined to the Description of the Peninsula 
and Bay of Delaware, tho' these are visible Places on the Earth, 
which may always be certainly known, while Astronomical 
Observations are always subject to be controverted ; but that 
their Grant will extend as far as the said Latitude of 40, 
where ever that shall be found to fall, by Observations skilfully 
taken. 

Now, allowing that what is most commonly understood by 
the 40th Degree, should, by more accurate Observations at this 
time, be found to reach more Northerly than was supposed by 
the respective Grants. 

Quoere, Whether the Lord Baltimore has, or can claim, a 
Right to any Lands lying to the Northward of the Peninsula, 
and of the Bays of Delaware and Chesopeake, and beyond the 
Bounds, as understood at the time of his Grant, within the 
Grant of Pensilvania, now settled above 40 Years? 

This Question depends upon the Intent of the King, with re- 
gard to the Boundaries of Maryland, and it seems to me, by the 
Boundaries described in the Charter, that the King intended 
Maryland should not extend North beyond Delaware Bay, which 
was then thought to reach to the 40th Degree of Northern Lati- 
tude, and so described by the Charts of those Times; and tho', 
upon a more exact Observation, it shall be discovered that the 
Bay don't reach so far North, yet, I apprehend, the North Part 
of tli3 Bay was intended to be the North Boundary of Maryland : 
This is confirmed by the subsequent Grant of Pensilvania, and 
by the Line drawn by the Ancestors of the Lord Baltimore. C. 
Wearg, 11 April, 1724. 

I am of opinion, that Lord Baltimore has no Right to any 
Lands lying Northwards of the Isthmus of the Peninsula, beyond 
the Bays of Delaware and Chesopeake : The Limits of Mary- 
land are, by the Grant of King Charles the First, plainly fixed 
there; And by the subsequent Grant to Mr. Penn by King 
Charles the Second, 'Tis likewise manifest, that Pensilvania was 
to extend as far Southward as the Beginning of the said Isthmus 
and Bays, except only that little Compass of Ground round 
about Newcastle. The Alteration of the Latitude, which gave 
occasion for this Dispute, seems to me to be of no consequence 
at all, since the Latitude was mentioned in Lord Baltimore's 
Grant for no other purpose but to describe that Tract of Land 
which was then esteemed to lie under the 40th Degree of Lati- 
tude. To ascertain the Bounds, therefore, it must be con- 
sidered where the 40th Degree of Latitude was fixed at the 
time of the said Grant, and tho' that appears to be mistaken 



508 PENNSYLVANIA AND MARYLAND 

by some latter Calculation, the Case will not be altered there- 
by, since that Tract of Land which, at the time of the said 
Grant, was esteemed to be in that Degree of Latitude and not 
any Point in the Heavens, was to be the Mark of the Boundary 
betwixt Pensilvania and Mai y land; besides, as neither of the 
Rivers of Delaware or Sasquehannah are mentioned in Lord 
Baltimore's Grant, and as it expressly appears by that Grant, 
that Maryland was not to extend Northwards beyond the Isth- 
mus of the Peninsula, for those Reasons, likewise, 'tis plain to 
a Demonstration that there is no colour for extending the 
Bounds of Maryland Northwards, as Lord Baltimore endeavours 
to do. J. Willes, 28 Feb. 1733. 

I am of opinion, that the Boundaries described in the Lord 
Baltimore's Grant, must now be understood in the same man- 
ner as they were at the time of the making thereof, and con- 
sequently, that in case the Extent of Maryland to the North 
should be taken to be to the 40th Degree of Northern Latitude, 
yet, that 40th Degree must be taken to be according to the 
Calculation allowed at that time, and as it was then laid down 
in Maps and Charts, even tho'' that Calculation was really 
erroneous. A.nd what the rather convinces me that Lord Bal- 
timore can claim nothing to the Northward of the Peninsula 
is, that the Description is not, to the 40th Degree of the North- 
ern Latitude, but to that Part of Delaware Bay which lies 
under the 40th Degree of Northern Latitude. Now, if Delaware 
Bay be rightly laid down in the Plans laid before me, no Part 
of it comes near to that Line, where, by their late Observations 
they would fix the 40th Degree of Northern Latitude, and 
therefore that could not be the Northern Boundary intended 
by the Grant. P. Yorke, 23 May, 1724. 

We shall find some trifling Surveyors Dependents on the Lord 
Baltimore taking upon them to expound the King's Charter, 
very badly as Lawyers, and if possible worse as Mathematicians, 
by and by. Against whose Opinions the foregoing will abund- 
antly serve. 

And now we come to the Depositions of Witnesses on both 
sides. 



DEPOSITIONS FOR THE PLAINTIFFS, WITH SOME OB- 
SERVATIONS THEREON. 

NOTE, The Proofs being abundantly long, the common Proof 
of the Execution of Deeds, or of Copys of Papers from the 
Chapel of the Rolls, Council Office, or Board of Trade, &c. 
which are not attended with some special Circumstances, are 



BOUNDARY QUESTION. 509 

omitted here; having a Scheme in my Hand, ready to turn at 
the Hearing, instantly to the Proof of any such Papers as those, 
if demanded. 

Note, As often as we quote the Depositions of 

*John Anderson, 

*John Graretson, 

*James Steel, who was one of our Commissioners to execute 
the Articles, and our Receiver General of Quit-Rents. 

*Wooman Stoekley, 

*William Till, 

*William Waples, there is this Mark* set before their Names, 
which is, to denote that the Defendant has cross examined 
them as to their being interested only, which they have so far 
acknowledged, as to say they hold Lands in the three Lower 
Counties, under the Plaintiffs; altho' some of them say, they 
don't believe themselves concerned in the Event of the Cause, 
notwithstanding that; their cross Examinations are at thevery 
Beginning of the Brief of the Defendant's Depositions, where 
you'll see how far their Concern leaves them good Witnesses, 
or not. If you think them all exceptionable, we have other 
Witnesses, to the Point they speak to; and, rather than fail, 
the Defendant, himself, has proved every Fact for us. The 
Person we would least choose to lose is James Steel, who is one 
of our Witnesses that pi'ove our receiving of Quit-Rents, tho' 
that also the Defendant has likewise proved for us. 



1ST BRANCH, relating to the first Discovery of the Peninsula, 
and the first Maps publish'd before the Year 1632, and 
how many several Editions of Captain Smith's Book had 
been publish'd before that Year. 

Benjamin Eastbum, {Surveyor General of Pensilvania, aged 
44. [Lib. C. fo. 678. Int. 2. fo. 769.] 
Is acquainted with some Parts of the Peninsula, which 
shoots out, Southerly from the Maiu Land or Continent of 
America into the Ocean, and which lies between West New 
Jersey and Chesopeak Bay. Became acquainted with the 
Eastern Parts thereof, lying on Delaware Bay and River, 
and Part of the Ocean, from Certificates and Drafts of Sur- 
veys of Lands made therein under the Pensilvania Proprie- 
tors; which Certificates and Drafts were returned into the 
Surveyor General's Office in Pensilvania, which Office he has 
enjoyed for seven Years past: Became acquainted with the 
Northern Parts of the said Peninsula by travelling and mak- 
ing Personal Observations there. Has acquired his Knowledge 



510 PENNSYLVANIA AND MARYLAND 

of the other Parts of said Peninsula, by reading and studying 
Books and Maps of Geography, and Accounts of Voyages and 
Discovers of Lands and Territories in America. Such Maps, 
Books and Accounts have been his Study for about twenty Years. 
That in 1624, Captain John Smith published a Book, contain- 
ing an Account of said Peninsula, and several adjacent parts, 
with a Map describing the same. Which Book and Map he 
believes, was the first particular Account and Description of 
those Parts, published by any Englisnman. Has look'd on 
that printed Book, exhibited to him, the same is the Book by 
him before mentioned, and which he believes, is well known 
amongst Historians, Geographers and Mathematicians. Like- 
wise believes that the Map between Fol. 40. and 41. of that 
B«ok, in which Map there are these Words, (Discovered and 
described by Captain John Smith 1606.) is well known to His- 
torians, Geographers and Mathematicians. And the said Book 
and Map are generally reputed and esteemed to be published 
by said Smith in or about 1624. Says he neither knows nor has 
heard, that any other Book or Map, describing the Parts afore- 
said, were printed or published, by any Englishman, before the 
Month of June 1632. 

James Logan, aged 66. {Lib. B. fol. 76. Int. 2. fol. 78.] 

Is well acquainted with the Peninsula, lying between West New 
Jersey and Chesopeak Bay ; became acquainted with it, by ocular 
Views, by Maps, and by reading Books of Geography and His- 
tory. Has consulted and considered Maps, Books of Geography 
and History, and Accounts of Voyages, at times for 30 Years 
past. From his Reading and Observation believes Captain 
John Smith, the Author of Smith's History of Virginia, printed 
in London 1624, was the first Englishman that printed any Map 
and Account of the said Peninsula, and the Territories adjacent 
thereto. That he has look'd on the said Book, now produced, 
and believes it is well known amongst Historians, Geographers 
and Mathematicians, and was the Foundation of Beverly's His- 
tory of Virginia. Has viewed the Map of Virginia, between 
Fol. 40. and 41. of the said Book, in which Map it's said that Vir- 
ginia was discovered and described by the said Captain Smith 
in 1606. And believes the said Map is likewise well known 
amongst Histurians, Geographers and Mathematicians; and 
which Book and Map he believes, are generally esteemed to be 
publish'd by Captain Smith, about the Time in the Title-Page 
mentioned; and are, as he believes, of unquestionable Credit 
amongst all learned Men; has neither known, seen, or been 
acquainted with, any other printed History, Map, or Descrip- 
tion of the said Peninsula, done, or reputed to be done, by any 



BOUNDARY QUESTION. 511 

Englishman or Foreigner, that were extant so early as June 
1682. And believes there is not any other, because, on diligent 
Search of Mercator's, Jansen's, and Bleau's Atlas, he could 
never discover any. 

Ferd. John Paris, {Lib. A. fol. 195. Int. 2d. fol 312.] 

Has diligently enquired after the most ancient printed Map 
of Virginia, or the Places in Question, that had been made, 
or was reputed to have been made, by any Englishman; and 
the Account he obtained was, that Captain Smith's Account 
of Virginia, and his Map thereof, were the first and best 
Accounts of the Discovery, and his Map the earliest printed 
Map, of those Parts, that were ever printed by any English- 
man; whereupon, made very diligent Search, to find out as 
many ancient Editions thereof, as he could ; and found the 
said Map, in some printed Accounts, said to be of Captain 
Smith's and bearing Date severally in the Years 1612, 1624, 
and 1625. Saith, the Quarto bound Book produced and let- 
tered (West-Indies B.) he found in a Collection of Books, 
which he is informed and believes, was heretofore given by 
Dr. White Kennet, Bishop of Peterborough deceased, to the 
Society for the Propagation of the Gospel in foreign Parts, for 
an American Library for the said Society ; and out of which 
Collection or Library he borrowed that Quarto Book, which 
contains sundry printed Tracts, relating to several Parts of the 
Continent of America, bound up together; the first whereof is 
entitled, A Map of Virginia, with a Description of the Country, 
&c. written by Captain Smith, some time Governor of the 
Country, and mentions to have been printed at Oxford by 
Joseph Barnes 1612; at the End of which Tract, in the said 
Quarto bound Book, there is a printed Map of Virginia, which 
is therein said to be discovered and described by Captain John 
Smith: saith that in his Searches, he, at several Booksellers, 
met with a thin Folio Edition of a Work, which appeared to 
this Deponent to be an ancient Book, and which was entitled, 
The General History of Virginia, New England, &c. also the 
Maps and Descriptions of all those Countries, &c. divided into 
6 Books, by Captain John Smith, sometimes. Governour in those 
Countries, &c. and Admiral of New England. London printed 
for Michael Sparkes 1624 ; before the Page (41) of which thin 
Folio, there is the like printed Map of Virginia (to this De- 
ponent's belief) with that in the said before mentioned Quarto 
Book of 1612; and easily finding many printed Copies of the 
said thin folio Book and Map, did, therefore buy two (if not 
three) of the same, one of which is now produced, having the 
Letters J. S. stamo'd into the Cover. And also found out 



512 PENNSYLVANIA AND MARYLAND 

another very large Collection of Discoveries and Voyages, con- 
tained in a Work said to be printed in 1625; which consists of 
several thick Volumes in Folio, and is commonly called Purchas 
Pilgrims: in one Volume of which last mentioned Work now 
produced and lettered (Purchas Pilgrims Vol. IV. ) between Pages 
1690 and 1691, another liKe printed Copy of the said Captain 
Smith's Map, appears to this Deponent to be fixed ; and which 
Map in Purchas's, and in Captain Smith's thin Folio History, 
this Deponent believes are both printed off from one Plate 
which believes not only from the great Similitude of the two 
Copys, but also from an Observation upon both the said Maps 
which he particularly mentions, besides which three Editions 
of 1612, 1624, and 1625, the Deponent upon his best Observation, 
believes that the Book in Ogylby's of 1671, (before mentioned 
by and produced to the Deponent) does about Fol. 192, contain 
a Map of New Virginia, likewise drawn from, and nearly cor- 
respondent to, the said Smith's Maps, in the Out-Lines of the 
Country, and Places therein contained. 



2D BRANCH to prove my Lord Baltimore's now printed Book 
and Map, and Description of Maryland, and how far he then 
claimed; published in the Year 1635, within three Years 
after the Date of his Charter, and soon after he had landed 
in, taken Possession of, and settled his Province of Mary- 
land. 

Dr. Thomas Stack. {Lib. A. Fol. 41. Int. 45. Fol. 42.] 

That he has looked upon the Book or Collection of Tracts, 
bound up all together, now produced, which is a Volume of 
about 19 various Tracts, on different Subjects, several of which 
regard our Foreign Plantations; and it is mark' d, at the Top of 
the first Leaf within the Cover C. 199, which is a Mark of Sir 
Hans Sloane's Library, to which the said produced Volume 
answers in his Catalogue; the same Page also contains these 
Words (Hans Sloane) written by himself, as he acknowledged 
to this Deponent : and this Deponent is well assured. Saith 
that Sir Hans Sloane is the present Owner or Proprietor of the 
said Volume, and which he can depose, because that on Tues- 
day last, he intrusted the Deponent with the said Volume, out 
of his Library, in order to be examin'd to in this Cause, on the 
Deponent's giving him a Receipt for the return thereof to him 
again, and also, because, that, some Years ago, he intrusted 
this Deponent therewith, in order to be produced at the Board 
of Trade. And further for that, in examining Sir Hans Sloane's 
Library, in the Year 1733, soon after he appointed the Deponent 



BOUNDARY QUESTION. 513 

his Librarian the Deponent then took Notice of the said pro- 
duced Volume. And verily believes Sir Hans Sloane has been 
in Possession of the said Volume between 40 and 50 Years, for 
that very particular Tract contained therein is entered in the 
first Volume of his Catalogue, in his own Hand Writing, which 
first Volume of his Catalogue, as far as is written by himself, 
does not to the best of the Deponent's Remembrance, contain 
any ooe Book or Tract publish'd since the Year 1699 ; and there- 
fore believed that he was in Possession of all the Books, entered 
by himself in the said first Volume in or before the said Year 
1699 ; and saith that Sir Hans Sloane has been collecting ancient 
and curious Books and Tracts ever since 1682, at least, as he has 
often told the Deponent and the Deponent is well assured to be 
true : for the Deponent has often taken Notice of several Books 
in his Library, in which he mark'd the Date of buying and pur 
casing them to be 1682, written with his own Hand, in the said 
respective Books ; and saith that Sir Hans Sloane has a very 
large Library, and in particular, a vast Collection of small 
Tracts, commonly called Pamphlets ; and the Deponent observed 
whilst he took Care of Sir Hans Sloane's Library, that he had 
been from the said Year 1682, and then was extremely curious 
in collecting every thing, especially Old Tracts published, or 
even in Manuscript, ralating to our Plantations and Settle- 
ments abroad, Voyages and Travels, and many other things ; 
on which said particular Subject does not remember that Sir 
Hans ever omitted to purchase, or endeavoured to purchase, 
any Book or Tract, especially Old ones, that a most dilligent 
enquiry and examination, or perusal of Catalogues of Books to 
be sold could intimate to him ; saith the precise Time when 
the said Sir Hans Sloane became first possessed of the said pro 
duced Volume does not appear by any List, Catalogue or Ac- 
count kept in his Library, but firmly believes Sir Hans has 
been in Possession thereof between 40 and 50 Years [or the 
Reasons above mentioned. Saith that he hath look'd upon that 
particular Tract, bound up in the said produced Volume, 
which purports to contain (a Relation of Maryland, together 
with a Map of the Country, the Conditions of Plantation, his 
Majesty's Charter to Lord Baltimore translated into English) 
and bearing for its Date September the 8th, Anno Dom. 1635. 
And takes himself to be pretty well acquainted with Books, 
having had Academical Education, and always loved Books, 
and having taken Care of Sir Hans Sloane's Library about 7 
Years; which Library contains near 40,000 Volumes, among 
which are an immense Number of small Tracts, collected and 
bound together in Volumes, for their Preservation: and he 
33— Vol. XV. 



514 PENNSYLVANIA AND MARYLAND 

also, having at present, and for some time past, the Care of 
Dr. Mead's Library, and having about 2500 Volumes in his own 
Study or Library. And saith it is no difficult matter for a 
Person conversant with Books, to distinguish an Old Book, 
or a Book printed above a IOC Years since, from a New Book ; 
the Letter or Type, the Paper , often the Paper-Mark, and in 
short the whole Face or Appearance of the Book or Tract, are 
very good Grounds to make such a Distinction. And saith that 
he saw and considered the particular Tract of the said produced 
Book herein above-mentioned, upon the Occasion here after 
mentioned, (to wit) about 7 or 8 Years ago, a Gentleman un- 
known to this Deponent, who called himself Mr. Penn, came 
to Sir Hans Sloane, and desired a Sight of the said particular 
Tract: whereupon the Deponent, by the said Sir Hans Sloane's 
Direction (to whom the Deponent was then Librarian) look'd 
for the Entry of the said Tract in his Catalogue, (the usual 
way of finding Books in great Libraries) and having found it, 
the Deponent brought the said produced Volume which con- 
tains it, to the said Sir Hans, who in this Deponent's Presence 
shewed the said particular Tract, and the Map contained 
therein, to Mr. Penn ; and the said Mr. Penn desired the Loan 
of it, for a Day on any Security, which Sir Hans did not agree 
to; but the said Mr. Penn urging that it would be a great 
Detriment to him, in a Cause depending between him and the 
Lord Baltimore, if the said produced Book could not be pro- 
duced that same Day at the Board of Trade, the said Sir Hans 
said, he would intrust the Deponent with it, for that purpose, 
on Condition that the Deponent would not part with it out of 
his Sight or Possession, but barely produce it at the said Board 
of Trade, if required ; and therefore he desired the Deponent 
to take the said produced Book, and carry it directly to the 
said Board of Trade and bring it back again; which the De- 
ponent accordingly did; and after the Deponent's return home 
to the said Sir Hans, this Deponent carefully examined and 
considered the said Tract in particular, and really believes that 
the said Tract is a genuine one, printed and published at the 
Time of its Date, (to wit) September the 8th 1635, and not a 
new or modern Tract; and that the Motive of the said Sir Hans 
Sloane, in procuring the said particular Tract was, his extreme 
Curiosity in purchasing every thing published or even in 
Manuscript, relating to our Plantations abroad ; and really 
believes Sir Bans had no private View in procuring the said 
Tract, nor any View therein than that of making his Col- 
lection of Books and Tracts on the Subjects before-mentioned 
as compleate as he possibly could, and consequently, no View 
of deceiving or imposing on any Person whatsoever. And 



BOUNDARY QUESTION. 515 

saith that the said Tract has an Engraved and Printed Map 
inserted, between Pages 12 and 13, and bound up with it, 
which Map it had at the Time this Deponent examined it, as 
above-mentioned. And saith the said Map hath these Words 
(Hans Sloane) written on the Back of it, which the said Sir 
Hans told the Deponent he formerly wrote on it, to the best 
of his Remembrance, upon occasion of lending the said pro- 
duced Volume out of his Library. And saith that upon a strict 
Examination, and impartial Observation, on the said Map, he 
does verily believe it to be a genuine and ancient Map, cotem- 
porary with the said Tract, to be intended for the said Tract, 
and to be the very identical Map expressed in the Title-Page of 
the said Tract. And saith he hath looked upon a small printed 
Tract, now likewise produced, which is not complete or per- 
fect at the latter end thereof; and which is marked on the Out- 
side (Maryland 1635.) and he hath also looked upon the written 
Map of Maryland, contained between the 12th and 13th Pages 
thereof; and saith that he hath very carefully and diligently 
examined and compared the said last mentioned single Tract 
(so far as it goes) with the above-mentioned particular Tract 
in the aforesaid produced Volume of Tracts, and finds they 
very exactly and minutely agree together, except that the Title- 
Page in the said single Tract having been partly wore or tore 
off, and the Defect thereof supplied by Writing, this Deponent 
observes that the Word (London) which is printed underneath 
the Word (Dolphin ) in the said produced Volume, is omitted 
to be copied in the said single Tract; and really believes that 
the said two Tracts are equally genuine, so far as they are per- 
fect ; and that they are two Copies of the same orginal Impres- 
sion, of the same Tract : for this Deponent finds an exact Agree- 
ment or Sameness, in the Frame of the Letter-Press, the Letter 
or Type, the Lines of each Page, the Orthography, the Punctua- 
tion, the Errors, some bad Types, and the Mark or Alphabet of 
the Sheets at the Bottom of the Pages. And saith he hath com- 
pared and examined the written Map, contained in the said 
sing-le Tract, with the printed Map contained in the said pro- 
duced Collection of Tracts, and believes the said written Map 
to be a good Copy of the said printed one. And this Deponent 
has observed that there is, in both the said Maps, a Place called 
Chesopeak Bay, and each of the said Maps contain a prick'd 
or dotted strait Line, running quite thro* the said Maps, from 
East to West, at the Figure (40) which Figure (40) is at the East- 
side or Border of the said Maps; and the said prickt or dotted 
straight Line, in both the said printed and written Maps, runs 
in the same place, or extremely near, in each of the said re- 
spective Maps; and the said prickt or dotted streight Line runs 



516 PENNSYLVANIA AND MARYLAND 

close in one part thereof, to the Head of Chesopeak Bay, in 

both the said printed and written Maps. 

Note — The Use of establishing this Book and Map printed 
by Lord Baltimore himself, so early as in 1635, to invite 
Persons to settle his Country, in three Years after it was 
granted to him, is to shew that then he laid down the 
40th Degree compleat to touch or make a Tangent to the 
Head of Chesapeak Bay; whereas he has since from time 
to time encroacht, and we have now granted to him ; 
beyond every of his Encroachments. 

Ferd. John Paris {Lib. A. fol. 195. Int. 27. fol. 322.] 

That he hath diligently enquired after the most ancient 
printed Maps and Accounts of the particular Province of Mary- 
land, but hath not been able to discover more than two such an- 
tient printed Maps and Accounts which particularly and profes- 
sedly treat of Maryland, as a particular Province: The one of 
which was, and is a small Quarto Book called or said to be a Re- 
lation of Maryland, together with a Map of the Country, the Con- 
ditions of Plantation, his Majesty's Charter to the Lord Balti- 
more translated into English, &c. and bearing for the Date of 
such Book the 8th of September, Anno Domini 1635, in which 
was a Map of Maryland and the other was the said Book of 
Ogilby's of 1671 before spoken of by, and produced to this De- 
ponent; In which, last mentioned Book, at about Folio 183, there 
appeared to this Deponent to be a new Description of Maryland, 
together with a Map of that Province very nearly agreeing 
in the Out Lines (according to the Deponent's best Judgment 
and Belief) with that in the said small Book of 1635; out con- 
taining more and other Names, and different Names, of Places 
from those contained in the said other Book and Map of 1635; 
Bat, besides such printed Maps and Accounts, the Deponent 
found out, at the Board of Trade, a written Map of Maryland, 
which the Deponent believes and apprehends, to have been a 
Map of some Antiquity, and before any Grant was made from 
the Crown of the Province of Pensilvania because, that the De- 
ponent does not, to his apprehension, perceive any Notice taken 
therein of any such Province as Pensilvania. 



BOUNDARY QUESTION. 517 

3D BRANCH, containing the strongest Proof uncontradicted, 
that the Nature of the Case can admit of, that there never 
was any real Order of Council of 4th April 1688, about 
William Clayborn and the Isle of Kent ; but that such Order 
was made or invented, by Lord Baltimore in the Year 1685. 

Ferd. John Paris [Lib. A. fol. 195. Int. 23. fol. 292.] 

That he hath perused the Paper produced, markt Botra No 4, 
and the same bears Date the 4th Day oi April 1638, and, according 
to the Terms and Expressions therein, the same appears to be of 
the Purport of a Report or Order, of the Privy Council, or of 
some Lords or Committee thereof, upon some Petition of one 
William Clayborne relating to the Isle of Kent; and the De- 
ponent got the said produced Copy from the Office of the Lords 
Commissioners for Trade, and the Reason and Occasion of look- 
ing after, and getting out, such produced Copy were, that 
the Deponent found that Mention was made of some such Paper, 
in a Petition presented to his Majesty, in the Name of the De- 
fendant on 8th of August 1734, and also in a Report made by 
the Lords for Trade upon such Petition, on 16th January 1734; 
wherefore the Deponent was desirous to see what such Paper 
was? And saith that the Original Paper at the Board of Trade, 
(from which such now produced Paper was copied) and with 
which the Deponent examined the same, appeared to be bound 
up in a Book, not by way of regular Entry of any Papers of 
the Year 1638, or about that time, but along with a miscella. 
neous Collection of many other Papers of many different Kinds, 
Sizes and Dates relating to many different Matters; and such 
Original Paper did not appear to this Deponent to have then, 
or to have ever had any Sign, Seal or Mark of Attestation, 
whatsoever to the same, nor to carry with it any Degree of 
Authority or Authenticity, to the Deponent's Belief; and 
as the Deponent conceived that great stress was laid (in the 
said Petition in 1734) upon such Paper, and as the Deponent 
discovered some Entries (in or about 1685) that seemed (to 
this Deponent's Belief) very much to question the Authority of 
such Paper, the Deponent therefore made Enquiry at the Privy 
Council Office, whether the Privy Council Registers or Journals 
of the Year 1638 were in Being or not? Upon which Enquiry 
being informed that the Council Registers of that Year were 
in Being, the Deponent did search, and look into the same, 
and did there find many Acts, Proceedings or Orders of the 
Privy Council in the said Year 1638. and several of Dates very 
near the Day, (if not upon the very Day) that the produced 
Copy bears Date, but after diligent Search made by him could 
find no Entry there, of any Order, of any such Date as the said 



518 PENNSYLVANIA AND MARYLAND 

produced Copy, or of any other Date, which related to the said 
William Clayborn and the said Isle of Kent, of any like Pur- 
port with the said Copy now produced. 

Samuel Gellibrand {Lib. A. fol. 91. Int. 5. fol. 102.] 

Has lookt upon the Exhibit Botra No 4. which purports to be 
a Copy of Report of the Commissioners for Foreign Plantations 
upon Clayborne's Petition against Lord Baltimore dated 4th 
April 1638. Says he never, at any time, saw an Original of the 
said Paper under any Seal ; nor any Copy of it which purported 
to be signed or attested as an authentiok Copy, by any Clerk of 
the Council. Nor is the Paper, from which the produced Copy 
was copied, entred up in any Original Journal or Register Book 
of the Acts and Orders of the Committee of Council for Trade 
and Plantations, of the Year 1638. or about that time, as he 
most assuredly believes; For he has made diligent Search, in 
the said Journals and Registers, of and about that Year, and 
can find no Entry thereof. Says the Paper, from which the 
produced Copy was made, remains bound up in one of the old 
Books in the Plantation Office, with many other Papers, such 
as Petitions. Orders, Letters, and the like, some whereof are 
Originals, and others only Copies, which were, as he assuredly 
believes, at various times, during the Space of several Years, 
before the Affairs of Trade and Plantations were put into 
Commission as aforesaid, presented to, laid before, or left with 
the said Committee for Trade, or their Secretary or other Offi- 
cers. Says the said Book is not a Book of regular Entries, in 
any regular Series, but contains miscellaneously, many different 
Papers relating to many different Matters and Persons, and of 
many different Dates; and the Papers bound up therein are not 
all of a size, but some are small Papers, others large, some of 
them contain Part of a Sheet only, others several Sheets. The 
3 Papers contained therein, next preceeding that from whence 
this Copy was made are dated 18th August 1685, 13th October 
1683, and 3 July 1663; and the three Papers, next following it, 
are dated 4th April 1638, 12th May 1684. and 20th April 1685. 
Says it has been the Custom and Usage in the said Office, to 
bind up, in Books, such Papers, and Copies of Papers, as Persons 
have presented to, or laid before, or left with the Committee, or 
Lords Commissioners for Trade, or their Secretary; And, in 
case any Person having Business depending before the said Lords 
Commissioners should at this time, present to them any Paper 
as a Copy of an Order of Council of some old Date, and should 
leave it before them, such Copy would, according to the Course 
and Usage of the said Office, be bound up into a Book, when 
there should be Papers enough to make a Volume of, digested 



BOUNDARY QUESTION. 519 

under their respective and distinct Heads and Titles in Order 
of Time as received and delivered, which was not as he observed 
so regularly done before the Affairs of Trade were- put under 
Commission as aforesaid. Says he has lately perused and read 
the Minutes and Records of 8th and 17th October 1685 of the 
Committee for Trade and Plantations, relating to a Matter then 
in Contest between Lord Baltimore and Mr. Penn, whereby it 
appears that they attended the Board on both those Days, and 
that on the 17th of October the Lord Baltimore had undertaken 
to procui'e an authentick Copy of a Report made by the Com- 
missioners for Foreign Plantations on 4th April 1738, touching 
the Differences between Lord Baltimore's Predecessors and 
William Cleyburne about the Isle of Kent ; From whence it 
seems probable that the Paper, from which this Copy was made, 
was first offered to the said Committee by Lord Baltimore in 
October 1685. And says the produced is a true Copy of that 
Paper in the said Book. 

Charles Dickenson [Lib. A. fol 19. Int. 38. fol. 27.] 

That he is Office- Keeper and Servant to the Council Chamber 
of his Majesty's Privy Council, and has been so ten Years or 
upwards; and saith that the Council Registers of the Acts, 
Orders, Reports, and Proceedings of the Privy Council, and of 
the Lords or Committee of Privy Council, of the Year 1638. are 
in Being, in the said Office. And saith that he hath carefully 
examined the Council Registers, in order to find out the Entry 
of an Order or Report made the 4th of April 1783, upon the 
Petition of William Clayborne relating to the Isle of Kent; 
and saith that he did find several Entries in the Council Regis- 
ters, wherein the Orders and other Acts of the said Year 1638 
are entred, of the very Date of the 4th of April 1683, relating to 
other different Matters, but this Deponent could not nor did 
find any entry therein of the said 4th April 1638 of any Re- 
port or Order of the Lords or Committee of Privy Council 
which related to William Clayborne and the Isle of Kent ; 
though he carefully searcht in the said Council Registers for the 
same. 

What adds to this Proof is, that the pretended Order of 
4th April mentions a supposed prior Reference of Clay- 
borne's Petition to that Committee. But there is no such 
Reference neither to be found, so that it's manifest the 
whole is an Invention. 



520 PENNSYLVANIA AND MARYLAND 

4TH BRANCH, shewing that the Swedes, the Dutch, and the 
Duke of York, successively, held the Lands, now called the 
three Lower Counties, under the Names of New Sweden, New 
Netherland, South River, Delaware, Sandhook, from the 
Year 1630 downwards. That the principal Seat of Govern- 
ment was then at New York. And Lord Baltimore's An- 
cestors never possest— also of the Conquest from the Dutch 
in 1664. 

John Rambo of New Jersey aged 79[Lib. B. fol.36. Int. 27. fol. 37.] 
Knows the Province of Pensilvania, is acquainted with New- 
castle, and has oeen at the Place commonly called the Whore- 
kills, but is not otherwise acquainted with the three Lower 
Counties. Knew the Province before it was called Pensilvania, 
being- upwards of 70 Years ago [before 1670] Has heard from his 
Father and other old People, that the said Countries wera origi- 
nally settled by the Dutch and Swedes, but by which of them 
first does not remember to have heard. But knows that the 
same Countyies have been since under the Government of the 
English. Has heard that the said Countries were first called 
New Swedeland by the Swedes, And knows that the same 
Countries were, afterwards called South River by the Dutch, 
and sometimes were called Delaware River. And that the Pro- 
vince of Pensilvania has been called by that Name, ever since 
William Penn's being Proprietor thereof; but by what Names 
the said three Lower Counties were since severally called knows 
not. Knows the Bay and River of Delaware, which as he has 
heard was formerly called South River, but, after the coming 
of the English wera called Delaware River and Bay. Has been 
informed by the Sailors, that, when they come in from Sea and 
arrive at Bombay Hook, anciently called Bombkeys hook, they 
suppose and take themselves to be at the Head or End of the 
Bay, at the Beginning or Entrance of the River. That New- 
castle was formerly called Sandhook by the Dutch, and, since the 
same has been in the Hands of the English, has been called New- 
castle, and does not know or remember to have heard the same 
called by any other Names. Does not know nor has heard, that 
the said three lower Counties were anciently divided into 
Counties, but has heard that the Creek at Lewis town, near the 
Capes, was called the Whorekills. Does not know, nor ever 
heard, that the said Province of Pensilvania, and the three lower 
Counties or any part thereof, were ever under the Government 
of Lord Baltimore. 

William Peterson of New Jersey aged 92. [Lib. B. fol. 24. Int. 
27. fol. 25. ] 
Has known the Province of Pensilvania and the Land between 



BOUNDARY QUESTION. 521 

Newcastle and Wliorekill, formerly called Sandhook, a long 
time, and before William Penn came into the Country; but 
can't ascertain the exact Time of his first Knowledge, nor does 
he know that any part of the Land between Newcastle and 
Wliorekill was ever called Kent; when he came into the Coun- 
try the said Province, and the Land there called Sandhook 
were in Possession of tho Dutch, under the Government of the 
Province now called New York, at that time called Manhadas. 
And has heard from the Swedes, that the said Province and 
Land were possest, by People of their Nation, before the Pos- 
session of the Dutch. That the said Province and Land were 
formerly called New-Netherland by the Dutch, but after the 
Arrival of William Penn here they were called Pensilvaniaand 
Newcastle. He knows the Bay or River of Delaware, and never 
heard it called from the Mouth between Cape May and the 
Whorekill, where it enters into the Sea, upwards, by any other 
Name than the Bay or River. Has never heard, or known that 
the Province of Pensilvania or the Counties of Newcastle, Kent 
and Sussex, or any of them, have been under the Government of 
Lord Baltimore Proprietor of Maryland. 

Samuel Preston [Lib. B. fol. 312. Int. 27. fol. 336.] 

Has heard and believes that the Bay and River were formerly 
under the Government of the Dutch, and were then called 
South River by the Dutch, and also in some old Dutch Maps 
which he has seen. Has also heard that the Swedes had form- 
erly some Pretensions in those Parts. 

Thomas Noxon aged 40. [Lib. C. fol. 488. Int. 27. fol. 502.] 

Has heard from many old Dutch People, Inhabitants of the 
City of New York, and of ancient Dutch, Swedes, and other anci- 
ent Inhabitants of the County of Newcastle, and believes, that 
all the Lands on the West side of Delaware River and Bay, 
from the Ocean up to about the Falls of Delaware, were under 
the Dutch Government, whose principal Seat was at the said 
City of New York formerly called Manhatans; their whole Pos- 
sessions in those Parts being at that time called New Nether- 
lands. Says he is the more confirmed in this Belief became it ap- 
pears from the Dutch Records at the City of New York, that the 
said Lands on the West side of Delaware were under the Govern- 
ment of the Dutch from 1630 to 1664. By which Records it also 
appears that about 1637 the Swedes made Encroachments upon 
the Dutch Settlements, on the West side of Delaware River afore- 
said, which produced many Quarrels and Differences between 
the Dutch and Swedes that continued till near or about 1647 
or 1648. About which time, it also appears by the said Records, 
that the Swedes, who then continued within the Claim of the 



522 PENNSYLVANIA AND MARYLAND 

Dutch, btcame subject to the Dutch Government. And that, 
by the said Records, it further appears that the Dutch Posses- 
sion and Government continued^ till 1664; at which time the 
said Lauds on Delaware were reduced to the Subjection of the 
King of Great Britain. Has never heard or believes that Pen- 
silvania and the three lower Counties were ever under the Gov- 
ernment of the Proprietor of Maryland, but has heard, by 
ancient Inhabitants of the said Counties, that some People of 
Maryland burnt and destroyed the Town of Lewes, formerly 
called Whorekill, the Truth whereof appears more plainly to 
this Deponent from a Letter, upon Record in the City of New 
York, which appears to be sent from Francis Lovelace, Gov- 
ernor of New York, to the Governor of Maryland, complaining 
that one Jones, with some others, as dissolute as himself, came 
to the Whorekills, rifled the Houses of the Inhabitants, and 
used them very ill ; and likewise demanding satisfaction for 
said Injuries. 



5TH BRANCH, proving where the true Susquehannah Indian 
Fort formerly stood, which is mentioned in some of the 
Proceedings in 1680. 

James Hendricks aged 73. [Lib. C. fol. 743. Int. 131 fol. 744. 
and 132. fol. 748] 
Knows Part of Cecil County in Maryland, and Lancaster, Ches- 
ter, and Philadelphia Counties in Pensilvania. Does not know 
the Bay of Chesapeak, but knows the River of Susquehannah, 
Part of which lies in Maryland, and Part in Pensilvania. Has 
seen Indian Forts and Indian Towns ; apprehends the Difference 
between an Indian Fort and Town is, that the first is an House 
or Number of Houses surrounded by Stakes of Wood and a 
Bank of Earth cast up, and the other is only a Number of 
Cabbins, built near each other, without being so surrounded. 
Says that he, near fifty Years ago, saw about 40 Indian Cabbins 
or Houses upon the upper Point of Land which forms the Mouth 
of Octorara Creek that runs into Susquehannah River aforesaid, 
within about Half a Mile of the said Creek and River; which 
Town had Stakes of Wood, and a Bank cast up round it. That 
the Affirmant was then told, by some of the Indians there re- 
siding, that they called the same Place Meanock, which they 
said, in English, signified a Fortification or Fortified Town. 
Has also seen the Ruins of another such Fortified Town, on the 
East side of Susquehannah River aforesaid, opposite to a Place 
where one Thomas Cresap lately dwelt. That the Land there, 
on both sides of the said River, was formerly Conajocula. 



BOUNDARY QUESTION. 523 

Further says that the Indians, who lived in the said last men- 
tioned Town before he saw the same, were moved from thence, 
lower down (to) the said River to Conestoga. [Int. 132. fol. 
748] Has known the said River Susquehannah, near fifty Years, 
and first became acquainted with it. by searching thereabout for 
Alines. That he knows the Place on the said River called Con 
estoga, and that near Susquehannah, near fifty Years, and first 
became acquainted with it, by searching thereabout for Mines. 
That he knows the Place on the said River called Conestoga, 
and that near 50 Years ago [that must be 1690 or after] he and 
another Person travelled to Conestoga, and this Affirmant un- 
derstanding the Indian Language, enquired of several of the 
Indians there, whether any Christian People had ever travelled 
so high up the said River as Conestoga aforesaid? and was in- 
formed by them that there had not, but that this Affirmant 
and his said Companion were the first ; for which reason this 
Affirmant does believe no Christian People had ever, before 
that time, travelled so high up the said River. 

Two Reasons why the Upper Fort could not be the Susque- 
hannah Fort, mentioned as agreed upon before the Lords of 
the Council in 1680. 

1st, No Christain had ever been up so high in ten or twelve 

Years after that time, to know that there was any Fort 

there. 
2d, The Land there was not Susquehannah Land, it was 

Conajocula, which is the Name of another Nation of 

Indians. 

Ergo the lower Fort, at the Mouth of Octorara Creek was 
the Fort mentioned, before the Lords of the Council in 1680. 

And that precisely falls in, and coincides, with my Lord Bal- 
timore's running his Line presently after, viz. in 1683, from the 
Place where that Fort was, viz. the Mouth of Octorara Creek. 

As to which Fort our Evidence continues very strong and 
clear. 

John Hans Steel-man [Lib. C. fol. 749. Int. 131, fol. 750. ] 

Indian Trader, aged 85, Is acquainted with the greatest Part 
of Maryland and Pensilvania, and is well acquainted with the 
Bay of Chesopeak and Susquehannah River, and some part of 
the said River lies in Maryland, and some part of it in Pensil- 
vania. Has frequently seen both Indian Towns and In- 
dian Forts, and says the Difference between an Indian 
Town and an Indian Fort is, that an Indian Town is a Num- 
ber of Indian Houses or Cabbins built or set near together, 
and an Indian Fort is such a Town, fortified or surrounded 
with a Breast-work of Poles or Stakes of Wood set up, and a 



524 PENNSYLVANIA AND MARYLAND 

Bank of Earth thrown up about them. Says that about forty 
or fifty Years ago, he saw an Indian Town wherein were Indians 
then residing, at the Point of Land at the upper side Of, and 
about Half a Mile from, the Mouth of Octorara Creek, which 
runs into Susquehannah River aforesaid; And at the side of, 
or near to, the said Town this Deponent then also saw an In- 
dian Fort, consisting of a great Number of Poles or Stakes of 
Wood set up, and a Bank of Earth thrown up about the same, 
as herein before described, which the said Indians then told 
this Deponent had been the Indian Fort. Says he also remem- 
bers that one Jacob Young, did, before or about the same time, 
shew this Deponent the Ruins of another Indian Fort which 
stood at about three Quarters of a Mile from the said first men- 
tioned Fort, and where the said Jacob Young then also shewed 
this Deponent several dead Mens Bones, and told him that a 
great Battle had been fought there by the Indians. 

Elizabeth Murphy aged 43 [Lib. C. fol. 754. Int. 131. fol. 755.] 

Knows some Parts of Cecil and Baltimore Counties in Mary, 
land, and some Parts of Lancaster, Chester, and Philadelphia 
Countiesin Pensilvania, knows the River Susquehannah, but 
does not know the Bay of Ohesapeak. Says Part of the River 
Susquehannah lies in Maryland and Part in Pensilvania. Has 
seen Indian Forts and Indian Towns, and that the Difference 
between an Indian Town and an Indian Fort is, that the first is 
inclosed with Wood, by some called Pallisadoes, and Banks of 
Earth, and that the latter is a Place where their Houses or Cab- 
bins are built, and they plant their Corn without such Inclosure. 
Says that upwards of 30 Years ago. she saw a Place on a Point of 
Land, between the Mouth of Octorara Creek that runs into Sus- 
quehannah River aforesaid and the said River, near to the Mouth 
of the said Creek, where, her Father Jonas Erskine, since de- 
ceased, informed there had formerly been an Indian Fort. 
That, when she saw the same, there appeared a large Bank 
cast up round it, and the Tops of the Pallisadoes that had been 
there appeared to be rotted off, and the Stumps of them re- 
mained in the Ground. And says that her Father, who lived 
at the same Place many Years, by the Licence of the Indians, 
informed her there had been a great Battle fought there, and 
shewed her the Bones of several Persons buried in the Cliffs of 
the Rocks, which he said were the Bones of Indians slain in 
that Battle. That the Indians who had formerly resided at 
the Place, were removed from thence when she saw it ; and then 
lived at a small Distance from it. Says that her Father, like- 
wise, at the same time, said to her this Affirmant, "That you 
"may remember it, there, over the Creek (pointing to a Place 



BOUNDARY QUESTION. 526 

"over Oetorara Creek aforesaid.) I saw the Lord Baltimore 
"set his Compass to run the Line." 

Margaret Allen aged 39 ; [Lib. C. fol. 759. Int. 131. fol. 760.] 

She knows Susquehannah River, and very well distinguishes 
between an Indian Fort and Town ; And says that, near 30 Years 
ago, she lived with her Father Jonas Erskine now deceased, at a 
Place near the Mouth of Octorara Creek which runs into Susque- 
hannah River, where the Remains of an ancient Indian Fort, a 
Bank, and some part of the Loggs with which it had been sur- 
rounded appeared. That she often heard her said Father, and 
several Indians, who resided very near the same Place, say that, 
at the same Place, there had formerly been an Indian Fort. And 
says that she saw there, great Numbers of human Bones, which 
her Father informed her, had been slain in many Battles fought 
there. And that she often, pickt up great Numbers of Stone 
Arrow Points, and Stone Hatchets there. 



6TH BRANCH, Proving by whom the Lower Counties were 
possest, when Mr. Penn first went thither in 1682, and also 
the actual Delivery of Seizin to him then. 

Samuel Hollingsivorth aged 67. [Lib. B. fol. 57. Int. 28. fol. 59.] 
Has known the Province of Pensilvania and County of New- 
castle since 1682, but has not been well acquainted with the two 
lower Counties of Kent and Sussex. Resided in Newcastle 
County from 1682 to 1701, and then removed to Chester County, 
where he has resided ever since. First arrived at Newcastle in 
1682, and, then, understood from his Father and others, that 
the Plaintiffs Father was gone down to Maryland to meet Lord 
Baltimore: and, in a few Days after, saw him return, from 
thence as 'twas said, in a Riding Habit. At that time there were 
several Families of Swedes and Dutch, settled upon each side 
of Christiana Creek as high as the Tide Water flows, and, on 
the lower side of Brandy- Wine Creek ; But there were few, or 
no Settlements back in the Woods, that he knew of, that being 
the Year when the Back Woods first began to be settled. 

John Musgrove aged 73. [Lib. B. fol. 67. Int. 28. fol. 68.] 

Came into the Country in 1682, and lived in Newcastle County 
four Years. Well remembers he first saw William Penn in the 
Year 1682 at Robert Wade's House in the Town now called 
Chester in Pensilvania, where the said William Penn then 
generally lodged, and Affirmant also. 

Joseph Wood, Carpenter, aged 81. [Lib. B. fol. 4. Lnt. 28. fol. 5.] 
Knew the Country now called Pensilvania before it was called 



526 PENNSYLVANIA AND MARYLAND 

by that Name. Came from England and arrived in the Bay of 
Delaware about 1678, and the Counties Newcastle, Kent and 
Sussex, at that time, were governed by Sir Edmund Andros, who 
was then also Governor of New York under the Duke of York. 
Has resided in Pensilvania ever since. That William Penn ar- 
rived at Newcastle about 1682, where the Deponent then was at 
Work as a Carpenter, where he, then, saw Ephraim Herman 
and John Moll, make Livery of Seizin, of Newcastle aforesaid, 
in the Name of all the adjacent Lands that belonged to the 
Duke of York, to the said William Penn, by delivering a Turff 
and Twig from the Land, and Water and Mud from the River, 
by vertue of a Power from the Duke, as the Deponent under- 
stood, and which be heard read. 

William Peterson of Nevo Jersey, aged 92. [Lib. B. fol. 24. Int. 
28. fol. 28.] 

Came into the Country about 1658, and lived for 20 Years after 
on Christiana Creek about three or four Miles from the Mouth 
of it, and has ever since resided in New Jersey. Saw William 
Penn, at his first Arrival in the Country, which he well remem- 
bers, having seen some Persons, then make Livery of New- 
castle, then called Sandhook, and the River, by delivering to 
him some Water and Earth. 

Note, The Defendant has cross examined both the last Wit- 
nesses to many other Matters. 



7TH BRANCH, to prove the Petition from the Inhabitants of 
the Lower Counties in 1682, to be united to the Province of 
Pensilvania, also an Indian Purchase then made,and a Copy 
of a Demand made upon Mr. Penn by Colonel Talbot, which 
was in 1683. 

Patrick Baird, aged 47. [Lib. C. fol. 763. Int. 117. fol. 764.] 

Has lookt on the Paper Writing B. B. which purports to be 
A Copy of a Commission given by Charles Lord Baltimore to 
Colonel George Talbot, to demand of the Plaintiffs Father all 
the Land on the West side of the River Skuylkill that lay to 
the Southward of the 40th Degree Northerly Latitude, accord- 
ing to an East Line run as is thei'ein mentioned, with the Copy 
of the said Demand, and also a Copy of the Answer, given by the 
said William Penn, to the said Demand; which Copy of the 
Answer he believes is subscribed with the proper Name and 
Hand-writing of the said William Penn. And the Reason of 
his Belief is from the great Similitude of the said written Name, 
to the Name of William Penn, which he has seen subscribed 
to many other Papers, and which he was informed by divers 



BOUNDARY QUESTION. 527 

Persons, were the proper Hand-writing of the said William 
Perm. Says he was appointed Secretary of Pensilvania in July 
last, and by vertue of the same Appointment, did receive sundry 
Books and Papers which were lodged in the same Office, and. 
amongst those Papers, did receive the said Paper B. B. Has 
seen another Paper D. D. which he takes to be an Original Paper 
containing a Petition from sundry Persons formerly Inhabit- 
ants of the Counties now Newcastle, Kent and Sussex, to the 
Proprietor of Pensilvania, praying for a Union and Incorpora- 
tion of the said Counties with the said Province, and he re- 
ceived the same at the same time, and in the same manner as 
the other. Has seen another Paper Writing F. F. and believes 
the same to be an Original Paper, purporting to be a sale of 
Lands from divers Indians to John Moll. And believes the 
Endorsement thereon, whereby, Moll released the same to the 
Plaintiffs Father, is an Original Writing also, and he received 
that Paper likewise, at the same time, and in the same man- 
ner, as the other. 



8TH BRANCH, relating to the Names which the lower Counties 
have been called by, under the Dutch, the Duke of York 
and Mr. Penn, the making them into Counties in 1682, and 
their being called the Territories of Pensilvania. 

Samuel Preston aged 75 {Lib. B. Fol. 312. Int. 8. Fol. 315.] 

Has been acquainted with the County of Kent on Delaware 
about 60 Years. And with the Province of Pensilvania and the 
Counties of Newcastle and Sussex about 53 or 54 Years. The 
said County of Kent when he first knew it was generally called 
St. Jones's. Has heard that the said County (now Sussex) before 
he knew it, had been generally called the Whorekill. And that 
the said three Counties have frequently been called by the 
Names of the three lower Counties, and, The Territories of 
Pensilvania, both by William Penn and his Adherents, and 
also bv other Persons in general. 

Abraham Allmau aged 50 [Lib. B. Fol. 236. Int 8. Fol. 236.] 

Was born in, and is pretty well acquainted with Newcastle 
County, has been at Philadelphia, and has been in Kent County, 
but knows nothing of Sussex County; and he never heard ihe 
said three Counties called by any other Name than as aforesaid. 

James Logan aged 66 [Lib. B. Fol. 76. Int. 8. Fol. 92.] 

That Delaware Bay and River, whilst they were under the 
Dutch, as he has collected from his Reading, were called South 
River; and the upper Part of the three Lower Counties was 
called Sandhook, and the lower, Whorekill; That, when the 



528 PENNSYLVANIA AND MARYLAND 

Country called New Netherlands (of which the Lands on both 
Sides of the South River were Part) were taken from the Dutch, 
by the English, about 1664, according to the best Information 
he could ever obtain, the said Lands on both Sides of the said 
River, were generally called Delaware; And that, upon taking 
the said Country called New Netherland, the upper Part of the 
said three Counties, formerly called Sandhook, was called the 
County of Newcastle, by which Name the Town there built by 
the Dutch was and is known to this Day. And the lower Part, 
towards the Capes, still retained the Name of Whorekill ; by 
which Name the small Town, also built by the Dutch, near 
the Cape was distinguished. That afterwards the said Two 
Districts, of Newcastle and the Whorekill, were divided into 
three Counties, by erecting one in the middle of them called 
St. Jones's. And that, sometime after, the Governor of New 
York changed the Name of the lowest Part of the said Land 
called the Whorekills, into that of Deal County. And after the 
Arrival of William Penn, Proprietor of Pensilvania, he, hav- 
ing obtained from the Duke of York a Grant of the said Coun- 
ties situated on all the Western Side of Delaware from the 
Province of Pensilvania Southward, changed the Name of the 
County of Whorekill or Deal, to that of Sussex ; and the Name 
of the said Town of Whorekill, to that of Lewes; and also 
changed the Name of the County called St. Jones's to that of 
Kent ; and erected a Town therein, which he called Dover ; but 
the Town and County of Newcastle still retain their former 
Appellation. And says that by an Act of Union made by the 
Representatives of the Province of Pensilvania and the said 
three Counties, the whole Government of the said Province and 
Counties was united, under one Legislative Assembly and so 
continued, under the Name of the Province of Pensilvania, and 
the Territories thereto belonging, from the Year 1683 to the 
Year 1704, fi*om which time, hitherto, they have had separate 
Assemblies, He has not heard the said Counties called by any 
other Name than he has mentioned, unless to the Name of 
Delaware, some Persons might have added the Word Settlement. 

Thomas Noxon aged 40 [Lib. C. Fol. 488, Int. 8. Fol. 496. ] 

Has been acquainted with Pensilvania and the three lower 
Counties about twenty Years. Has frequently heard the lower 
Counties called the Territories of Pensilvania, in Maryland, in 
Pensilvania, and in other neighbouring Governments, anrl has 
heard them called the three lower Counties. Ever since he has 
been well acquainted with them, they have been generally 
called the three lower Counties of Newcastle, Kent and Sussex. 
Has formerly heard the said Counties, by some ancient Dutch 



BOUNDARY QUESTION. 529 

people residing in New York, called by the Name of South and 
South River. And from the Dutch Records at New Y T ork has 
learnt that, from 1630 to 1664 that Part, now called the three 
Lower Counties was generally called South River, particularly 
that Part where Lewes now stands was called Whorekill ; where 
Newcastle now stands, was first called Sandhook, afterwards 
Fort Casimier, and after that New Amstel. Has also learned 
from the English Records at New York, that, from the Conquest 
of New York and the said three Counties by the English in 1664, 
to near or about 1680, the said Counties were sometimes called 
South River, afterwards Delaware, Delaware River, and Dela- 
ware Bay. sometimes one, and sometimes the other, respecting 
the several Places in those Records severally meant, but, more 
particularly by the Names of Newcastle and Dependances, and 
Whorekill and Dependances. That, in or about 1680 the said 
Counties were distinguished into three Districts; and that 
Part now called Sussex County, still retained the Name of 
the Whorekill and Dependances; the Part now called Kent 
County, was, about that time called St. Jones's, and after- 
wards Deal ; and the Part, now Newcastle County, was then 
called Newcastle and Dependances, (but does not remember 
that it appears from those Records that the said Counties 
were then called by the Name of Counties) which last men- 
Honed Names they continued to bear till 1682, when it ap- 
pears by the same Records that Mr. Penn purchased the Land 
composing the said Counties from the Duke of York. Has also 
learned from the Records, within the said three Counties, that, 
soon after the said Purchase, Mr. Penn erected the said Lands 
into Counties, by the Names of Newcastle, Kent, and Sussex, 
Avhich Names they now bear. 



9TH BRANCH, To prove Colonel Talbot's running a Line in 
1683 from the Mouth of Octorara Creek by Order of Lord Bal 
timore, for a Division, called Octorara Line, Colonel Tal- 
bot's Line, and Lord Baltimore's Line; and afterwards 
building a small Loghouse of a few Logs, within and below 
that Line, for a Fort, (which themselves afterwards de 
serted) and that that Line was always regarded by Us; and 
tor more than 40 Years by them also. 

Samuel Preston aged 75 [Lib. B. Fol. 312. Int. 25. Fol. 335.] 

Heard of one Colonel George Talbot who lived in Maryland, 
and had considerable Interest with, and was a great Favourite 
of, the late Lord Baltimore, and bore a great Sway in Mary- 
land ; but whether he held any Post or Place there knows not. 
34— Vol. XV. 



530 PENNSYLVANIA AND MARYLAND 

John Musgrave aged 73 [Lib. B. Fol. 67. Int. 25. Fol. 74.] 

Knew Colonel George Talbot, and has heard that he lived 
in Maryland. 

Samuel Hollingsworth aged 67 [Lib. B. Fol. 57. Int. 25. Fol. 66.] 
Knew Colonel George Talbot, and has seen a House, on the 
West Side of the Head of Elk River, which he was informed, 
was the House he lived in. 

The same [Int. 23. Fol. 61.] 

That one Evening, in or about 1683, Colonel George Talbot 
of Maryland, with 4 or 5 others, came to the House of the 
Affirmant's Father, and requested Lodging for that Night, and 
being welcomed into the House, upon Conversation between 
his Father and Talbot, concerning the Business Talbot was 
then about, the Affirmant heard Talbot acquaint his Father, 
that he was then, by Lord Baltimore's Orders, running a Line 
to divide the Province of Maryland from the Province of Pen- 
silvania, which was to be the North Boundary of Maryland ; 
that he had begun the said Line, at the Mouth of Octorara, 
and had, and was, to run it, from thence due East to Delaware. 
That they returned to his Father's House the next Night, and 
then the said Talbot informed his Father that they had finished 
the said Line. That the Affirmant the next Day saw a Line of 
marked Trees, which he then, and many Times afterwards un- 
derstood, was the Line run by the said Talbot, and which he 
saw frequently after, and so well remembers that he believes he 
could shew its Course at this Time; and understood that it 
ended a little below the Mouth of Naaman's Creek: That the 
said Line was sometimes called Talbot's Line, sometimes Mary- 
land Line, but, generally, Lord Baltimore's Line. Has heard 
there was a Fort built, (soon after running the said Line) by the 
Order of Lord Baltimore, some Miles to the Southward of the 
said Line, near Christiana Bridge, in order to keep Possession. 
That he never saw the said Fort, but understood it was a little 
Loghouse, that hardly deserved the Name of a Fort. 

John Musgrave, aged 73 [Lib. B. fol. 67. Int. 23. fol. 70.] 

That about 1683, Colonel George Talbot, with some others, 
came to the House of Valentine Hollingsworth, the Affirmant's 
Master, and requested Lodging for a Night which being granted, 
upon Discourse between Talbot and the Affirmant's Master, 
the said Talbot, in this Affirmant's Hearing, told him he was 
running a Line from the Mouth of Octorara to Delaware River, 
by Order of the Lord Baltimore, for a Division Line between 
Lord Baltimore and Mr. Penn. That the said Talbot and his 
Company departed next Morning, and returned to the Affirm- 



BOUNDARY QUESTION. 531 

ant's Master the next Night; and then, said he had flnisht the 
said Line. That very soon afterwards he saw a Line of markt 
Trees, which, he was informed, stood in the Line run by the 
said Talbot, and were markt by him, which he knew a long 
time afterwards. Does not know where the said Line ran into 
Delawai-e River, but has heard, 'twas a little below Naaman's 
Creek. Does not know, or has heard, that the said Line was 
run by any Authority or Direction^ from William Penn. 

Samuel Gellibrand {Lib. A. fol. 91. Int. 9. fol. 120.] 

Proves an Exhibit Botra No 20. to be a true Copy of an Ori- 
ginal Letter from William Penn, to the Committee for Trade 
and Plantations remaining now in their Office, dated 14th 
August lfi83, wherein Mr. Penn relates some Interviews and Dis- 
putes he had already had with Lord Baltimore in America. 

And now came on the very busy Contest at the Council-Board, 
when there were so many Hearings in the Years 1683, 1684, and 
1685, between Lord Baltimore and Mr. Penn. 

Samuel Gellibrand [Lib. A, fol. 91. Int. 10. fol. 122.] 

Proves an Exhibit, being Copies of Petitions and Orders, &c. 
in May and February 1683, and August 1685, remaining now at 
the Board of Trade. That Exhibit being markt Botra, No 21. 

The same [Int. 11. fol. 125.] 

He proves the Minutes of the Proceedings^ and Acts of the 
Committee, during those three Years, from 17th April 1683.. to 
7 November 1685. It is Exhibit Botra No 22. 

Note— During that long Contest, Pensilvania being in its 
Infancy, and the Proprietor attending those Hearings, Lord 
Baltimore took the opportunity, to build, in that Wilderness, 
unsettled Country, what is now called a little Furt ; of which 
we shall make good use, after we have shewn that Pensilvania, 
and indeed both Sides, paid a great regard to that ex parte 
Octoraro Line, so run by Lord Baltimore's Order in 1683. 

Samuel Hollingsworth, aged 67. [Lib. B. fol. 57. Int. 24. fol. 

65.] 
Has heard that the Part of the Line which he has before 
mentioned, which was markt (towards Octorara) was regarded 
by the People inhabiting on both Sides of it, as the Division 
between the Provinces of Maryland and Pensilvania, but that 
Part thereof which run thro' Newcastle County (towards Dela- 
ware) he never understood, was, in any sort, regarded as such 
a Division Line. 

John Musgrnve, aged 73 [Lib. B. fol. 67. Int 24. fol. 72.] 

That the Inhabitants of the Province of Pensilvania and 
Maryland, for a long time after running the said Line, had so 



532 PENNSYLVANIA AND MARYLAND 

great a regard to the same, that no Incroachments were made 
beyond it, on either side; But, of iate, he has heard, some En- 
croachments have been made by the Maryland Officers, but does 
not know it, living far from thence. Does not know that the 
Proprietors of Pensilvania, their Agents, Commissioners, Magis- 
trates, Surveyors or Officers, have transgrest the said Line, or 
that any Lands have been granted, by or under their Authority, 
or any Jurisdiction exercised, to the Southward of that Line. 

John Ball, aged 69. [Lib. B. fol. 15. Int. 22. fol. 16.] 

Knew the Town called Newcastle, about 1677, or 1678, which 
was then settled by Dutch People, and called Sandhook, which, 
with the County of Newcastle, was then governed by Governor 
Andros, the Gfovernour of New-York under the Duke of York. 
That about 54 Years ago (1686) his Father shewed him a small 
Log-house standing near Christiana Bridge, on the West Side 
of Christiana Creek, about 5 Miles from Newcastle, and told 
him that was Talbot's Fort, and that it was kept by Talbot's 
Men. That the said Fort was built amongst the Inhabitants 
of the County of Newcastle, who owned Mr. Penn for their 
Proprietor and Landlord, several of whom lived between the 
said Fort and the Province ol Maryland. That this Deponent 
was informed the Land whereon the Fort stood, was taken 
up, before the Fort was erected, by a Company under the York 
Government; and heard one Thomas Ogle and his Brother 
John, say it was their Land, and that they claimed under their 
Father who was one of the Patentees; but knows not, nor ever 
heard, that it was taken up under the Government of Maryland, 
That the said Fort was about thirteen or fourteen Feet long, 
and about 10 Feet wide, covered with Slip- Wood, and could 
not cost, in the Deponent's Judgment, above three or four 
Pounds. That the Design of the Lord Baltimore, as he has 
been informed, in building and keeping Men in the said Fort 
was, to keep Possession of the Place, which he claimed. That 
about six or seven Irish Men, esteemed Roman Catholicks, kept 
the Fort, who behaved peaceably towards the Inhabitants, 
amongst whom they frequently went. That he knew of no In- 
habitants near the said Fort, or within the County of New- 
castle, who owned the Lord Baltimore's Authority at that time; 
But has heard there was a Tract of Land surveyed under the 
Lord Baltimore, within three Miles to the Westward of the said 
Fort, which was unsettled. Believes the Inhabitants of New- 
castle County could easily have dispossest those who kept the 
said Fort ; but they neglected to do it, because the Men behaved 
themselves quietly and civilly to them. That the said Men had 
sometimes Plenty of Provisions, but were generally in Want, 



BOUNDARY QUESTION. 533 

which he knows, by their frequent going down to Maryland, 
and there pressing Provisions. That they lived in the Fort, to 
his Knowledge about two Years, and has heard they lived, in 
all about three or four Years, and left it upon some of their 
being Frost-bitten, since whi3h time no Person, pretending 
Authority from, or owing the Jurisdiction of, Maryland, was 
ever in possession of the said Fort, or the Land thereabout, to 
the Knowledge of the Deponent. 

*John Garretson, aged 77. [Lib. B. fol, 7. Int. 22. fol. 8. ] 

Has known the County of Newcastle., as long as he can re- 
member. Says it was at first, under the Government of the 
Governour of New- York, and when his Power expired, has been 
under the Government of Mr. Penn, the Father of the Plain 
tiffs, and his Descendants. That upwards of .50 Years ago [and 
he was examined, and so were all the American Witnesses, in 
the Year 1740] there was a Fort built, and kept, by Lord Dal - 
timoreon the North Side of Christiana Creek, about five Miles 
distant from Newcastle. That there were but few Families 
settled thereabouts; at that time, Four of which, besides his 
own, Jived between the said Fort and the Province of Maryland, 
but more that lived between the Fort and Maryland he can't 
certainly remember, which Families own'd Mr. Penn for their 
Proprietor and Landlord. That the Land, whereon the said 
Fort was built, was taken up, before that time, for the Use of 
one Ogle, either under the Government of New York or the said 
William Penn, but is uncertain which. That the said Fort 
was about 14 or 15 Foot long, and built of Logs, and covered 
with Clap-boards, and could not cost above two or three Pounds, 
and was fronted with, a few Palisadoes about the Height of a 
Man. Believes the Design of Lord Baltimore in building the 
Fort, was to take Possession of the Place. That the Fort was 
kept, sometimes by one or two, but never above 7 lusty Irish 
Men to the best of his Remembrance, who lived very peaceably 
with the Inhabitants. That they were sometimes in the Fort, 
at other times abroad, but one or more always remained in the 
Fort. Does not remember any Persons who lived near the Fort, 
or in the County of Newcastle at that time, owned the Lord 
Baltimore's Authority. Believes the Inhabitants of the same 
County, who owned Mr. Penn's Government, could easily have 
dispossest the People in the Fort of the same, if they had re- 
solved so to do; but that they declined so doing, because they 
lived peaceably amongst them. That the People in the Fort 
were chiefly supplied with Provisions from Maryland, and some- 
times lived plentifully, at other times in Scarcity, and stayed 
there between 4 and 5 Years. That the leaving the Fort was 



534 PENNSYLVANIA AND MARYLAND 

occasioned by the Men's getting fuddled, and lying out in the 
Cold, whereby some were froze to Death, and others lost their 
Limbs. Since which time, to the Knowledge of the Deponent, 
no Person pretending Authority from, or owning the Jurisdic- 
tion of, Maryland, has been in the Possession of the said Fort, 
or any Lands thereabouts. And the Reason of this Deponent's 
Knowledge of what he has declared on this Interrogatory is, 
that he lived very near to the said Fort at the time of. its 
Building and Settlement, and was frequently in it. 

Note, Both these last Witnesses about the Fort, the Defend- 
ant has cross-examined to their being interested in the Event 
of the Cause only. But the Defendant himself has examined a 
great many Witnesses (in Number) many of which speak onlv 
to this Fort, and to another Action, about burning the Whore- 
kills; which, if he had had Shame or Humanity in him, he 
should rather have concealed. And his own Witnesses, prove 
every Fact, above spoke to about the Fort. 

John Taylor, aged 43, the Defendant's own Witness, but cross- 
examined by us [Lib. C. Fol. 648. Int. 23. Fol. 649. J 
Says, that near 20 Years ago, his Father, was Surveyor of 
Chester County, shewed this Witness a Line of markt Trees, 
running Eastwai'd from the Mouth of Octoraro Creek, on Sus- 
quehanna River, and said it was called Lord Baltimore's or 
Colonel Talbot's Line, and that it divided Maryland from Pen- 
silvania. This Witness's Father then said, he had been in- 
formed by an ancient Man, an Inhabitant of Maryland, that 
the said Line was run by Colonel Talbot, by the Order of Lord 
Baltimore, for a Division-Line as aforesaid; and that he this 
Affirmant's Father had written Orders or Directions from the 
Commissioners of Property in Pensilvania, not to survey Lands 
to the Southward of that Line. The Affirmant's Father than 
also said that he had run the said Line Eastward, from the 
Mouth of the said Creek upwards of 20 Miles. Says that the 
said Line, for the length of six or seven Miles was afterwards 
shewn to him by several ancient People, who informed him 
that they attended Colonel Talbot in 1683, for several Miles, 
when he run and markt the said Line. About 15 Years ago 
the Affirmant having occasion to enquire, concerning the Divi- 
sion between the said Provinces, the said Line, near the Mouth 
of Octorara Creek aforesaid, was shewn to the Affirmant by one 
Joseph Askew, [Note, two other Witnesses prove Askew to be 
dead] who resided thereabout, and informed this Affirmant 
either that he saw the said Line run, or, had been informed 
that the same was run, by Colonel Talbot, and 5 or 6 Gentle- 
men from Maryland, by Lord Baltimore's Order, and was gen- 



BOUNDARY QUESTION. 535 

erally called by the Inhabitants there Lord Baltimore's Line. 
And that, afterwards the said Jonas Askew rid many Miles 
along the Line with this Affirmant, when the Marks on the 
aid Trees were very clear and apparent. Says also that, about 
15 Years ago, he was Sheriff of Chester County, part of which, 
to the Southward, joins to the Northern Part of Cecil County 
in Maryland, and about that time being in Company with John 
Hack, who was then Sheriff of Cecil County, they together saw 
the said Line which as it was said was run and markt by Colo- 
nel Talbot, and they both called, and esteemed it their Divi- 
sion-Line. 

James Logan, aged 66. ]Lib. B. Fol. 76. Int. 23. Fol. 133.] 

That in the Summer of 1700, the Proprietor William Penn 
took a Journey into Maryland, and, in his Return, was at- 
tended by divers Gentlemen of Maryland in his Journey from 
thence, up the River Susquehannah, which Gentlemen having 
accompanied him as far as Octorara Creek, or River, stopt there, 
in the Ford as this Affirmant was soon after credibly informed 
by some of the Pensilvania Gentlemen, and there took leave of 
him, with Expressions to this purport, viz. Now we have waited 
on your Honour, into your own Province, and must desire 
leave to return; To which the said Proprietor answered, I hope 
I have been in it some time ago ; which Information led the 
Affirmant to enquire into the Reason, and he was assured, 
thereupon, that the Lord Baltimore had in 1683, come up to 
the Mouth of the said Creek or River of Octorara, and having 
made some Observations there, had directed Colonel George 
Talbot to proceed from thence, Eastward to Delaware River, 
and to mark on the Trees a Line of Division ; and that the 
Affirmant hath been assui-ed, by divers Persons, that they saw 
the said Colonel Talbot and his Company in their said Journey 
to the side of Delaware River, and had frequently seen divers 
of the said markt Trees, and traced the Line from thence, West- 
ward for some Miles. That, upon the Truth of this Informa- 
tion the Affirmant so intirely depended, that being Secretary 
and Commissioner of Property, upon the Application of Corne- 
lius Empson, William Brown, Andrew Job, and clivers others, 
who petitioned for a Grant of that Tract of rich Land now 
called Nottingham, at the Affirmant's Instance it was wholly 
declined, till such time as the Applicants had produced un- 
questionable Evidence, that the most Southern Part of the said 
Tract lay at lease the Distance of one Mile to the Northward of 
the said Line, run from the Mouth of Octorara as aforesaid ; 
upon which the said Tract was granted to them. That the 
Affirmant never heard the said Line disputed for a Boundary, 



536 PENNSYLVANIA AND MARYLAND 

till by a Letter from Charles Carrol then Agent for Maryland, 
the Affirmant found the said Agent did not own the said Lin3 
as a peremptory Division which induced the Affirmant to en- 
quire further into the certainty of the said Boundary ; and in 
order thereunto he found a Copy of a Writing left by the said 
Colonel Talbot at Philadelphia, with Nicholas More President, 
in the Absence of the Proprietor William Penn, who was ,then 
at New York, containing a Commission from the Lord Balti- 
more to the said Colonel Talbot, dated the 17th of September 
1683, requiring him to repair to Schuykill, and there demand, 
from the said William Penn, possession of all the Lands on 
Delaware, to the Southward of the said markt Line, as also a 
Demand in writing dated the 24th of the same Month, made by 
the said Colonel Talbot, in pursuance of the said Commission ; 
as also a Writing signed by the said Wiliam Penn, dated the 
31st Day of October then next following; which being upon the 
same Paper with the aforesaid Copies, being, as the Affirmant is 
well assured, signed by the said Proprietor's own Hand, im- 
mediately induced him to believe, and the Affirmant does firmly 
believe that the said Copies of the Lord Baltimore's Commis- 
sion, and of the said Colonel Talbot's Demand, are true, 
genuine, and Authentick ; and the Affirmant also procured 
sundry other Vouchers for the Truth of the said Lino ; but, 
as the Affirmant is not immediately furnish 'd with any of 
them, refers to them when produced. And further saith, that 
he heard divers times from Henry Hollingsworth, who formerly 
was Clerk, and Surveyor in Chester County and is long since 
dead, That one of those who were employ'd to run the said 
Line, and afterwards lived in the Town of Chester, had fre- 
quently affirmed in his hearing, that after the first day's Jour- 
ney, the said Colonel Talbot made a Sett off to the Northward, 
before he resumed the said Line on an Eastern Course. 

James Logan, [Lib. 76. Int. 24. fol. 142.] 

Saith there never was, to his Knowledge, and he has all the 
moral Certainty that can be had, in such case, that there never 
was any Grant or Survey, made by the Proprietors of Pensil- 
vania, or under their Authority, of any Lands, more or less, 
neither have they themselves, or any Person by their Authority, 
exercised any Acts of Government to the Southward of the 
Bounds, Limits or Line of Division aforesaid, and to the West- 
ward of the Limits of the three Lower Counties aforesaid. And 
saith, that after the said Settlement of Nottingham and the Set- 
tlers thereof, by their large Improvements, had rendered them- 
selves considerable, the Lord Baltimore's Agents for Maryland, 
(as the Affirmant conceives) beginning to think these Parts 
worth their Notice, ceased not to claim them ; in so much, that 



BOUNDARY QUESTION. 537 

in the Year 1722, not only Isaac Taylor the Surveyor of Chester 
County aforesaid, was taken, by a Warrant from the Justice of 
Maryland, for surveying some Land situate to the Northward 
of the said Line, but also Elisha Gatchell, going to visit the 
said Surveyor, and to inquire into the Cause of his being so 
apprehended, was likewise seized, and both the said Taylor 
and Getchell were committed to the Custody of the Sheriff of 
Cecil County, and sometimes to the Prison it self, and were 
much harrassed for near one whole Year, being removed thence 
to the supreme Court of Annapolis, and there, at length ac- 
quitted; but the Affirmant having taken a Voyage to London, 
in the Fall of the Year 1723, and making a Complaint thereof 
to Charles Lowe, then the Lord Baltimore's Agent in London, 
the said Lord and Hannah Penn, Executrix of the late Pro- 
prietor William Penn's Will, entred into an Agreement dated 
the 17th of February 1723, that the Possessors of Lands in both 
Provinces should remain quiet and unmolested, during the 
Space of 18 Months, in which time it was hoped, the Bound- 
aries would be effectually settled ; of which Agreement signed 
by the Lord Baltimore himself, and the said Hannah Penn, 
jointly with Henry Goldney and Joshua Gee two of the Trustees 
for the said Province of Pensilvania, and witnessed by Simon 
Clement, the said Charles Lowe, and the Affirmant, three Ori- 
ginals of the said Agreement were executed, on each side ; which 
Agreement being transmitted to the respective Governors of 
both the said Provinces, with Orders on each side, that the 
same should in puruance of the said Agreement, be proclaimed 
in each Province; the said Orders were accordingly obeyed in 
the Province of Pensilvania, and were in general observed in 
both Provinces, till, after the Arrival of Governor Ogle in 
Maryland, in the latter End of 1731, notwithstanding he well 
knew that the Lord Baltimore had entered into an Agreement 
with the Proprietors of Pensilvania, for putting a final Period 
to all their Disputes, of which he, by his Letter, accordingly 
advised Colonel Gordon, then Governor of Pensilvania, yet he 
renewed the former Disturbances. 

John Taylor, aged 43. [Lib. C. Fol. 648. Int. 24. Fol. 653.] 

Ever since he knew the said Line, as far as he knows, or has 
heard and believes, the Pensilvania Inhabitants in general, and 
the Proprietors of that Province, their Agents, Commissioners, 
Magistrates, Surveyors and Officers, have always esteemed, re- 
garded and observed the said Line as a Division between the 
Provinces of Maryland and Pensilvania, and neither the Pen- 
silvania Proprietors, nor any under their Authority, did survey 
any Lands, or exercise any Acts of Government, to the South- 
ward of that Line, to the Knowledge or Belief of this Affirmant. 



538 PENNSYLVANIA AND MARYLAND 

That by coversing with several of the Inhabitants of Maryland 
before 1726, or 1727, always heard and believes that the People 
of Maryland, till about those Years, thought the said Line was 
the Division of the same Provinces. But has heard and believes 
that since those Years, .Lands have been surveyed under the 
Proprietor of Maryland, and Acts of Government have been 
exercised by his Magistrates and Officers, to the Northward of 
the said Line. 



10TH BRANCH, about the Indian Purchases made by the Dutch 
and Swedes, and Mr. Penn, and of his exercising the Gov- 
ernment of the Lower Counties from 1682, to 1702. 

James Logan, aged 66. {Lib. B. Fol. 76. Int. 12. Fol. 121.] 

That the Dutch, as he is well assured, and, as he believes, the 
Swedes, having purchased from the Indians, the greater Part of 
the Lands below Duck Creek in the said three Lower Counties, 
the said William Penn's Commissioners in 1685, for a large 
Consideration, made a very extensive Purchase of Land from 
the Indians, from the said Duck Creek, as far North as Chester 
or Upland Creek, which is reputed by Travellers, no less than 
60 Miles, which last mentioned Place, in common Estimation, 
lies not above five Miles to the Northward of the Northern 
Boundaries of the said Counties. And saith, that only the said 
William Penn, and his Deputies, exercised the Government in 
and over the said Province of Pensilvania, and three Lower 
Counties of Newcastle, Kent and Sussex, from 1682, to 1702, 
(excepting for some time in the Years 1693 and 1694, to the be- 
ginning of 1695, when King William and Queen Mary, by Com- 
mission to Benjamin Fletcher E*q ; then Governor of New 
York, authorized him to take the said Government under his 
Care, alledging for a Reason the Proprietor's absence from the 
same; but by other Letters Patent, dated in August 1694, re- 
stored the Government of the said Province and Counties to 
the said William Penn and his Heirs as before, and saith Wil- 
liam Penn, only made two Voyages from England to America 
between the Years 1680 and 1703. 



11TH BRANCH, Proving Mr. Penn's constant Possession as 
Landlord and Proprietor ever since 1681 and 1682; his 
granting out of the Lands; appointing great Numbers of 
Collectors and Receivers of Quit-Rents in all the Lower 
Counties, and receiving Quit-Rents. 

Samuel Preston, aged 75, [Lib. B. Fol. 312. Int. 9. Fol. 317.] 
Has li\ed in the three Lower Counties and Pensilvania about 

52 Years, was Sheriff of Sussex about 1690, and in some little 



BOUNDARY QUESTION. 539 

time before or after, a Justice of Peace for that County. In 
1700 was a Councellor for that County by the Election of the 
People. Has been a Member of the Governor's Council for the 
Province of Pensilvania above 20 Years last. Has been Treas- 
urer of that Province about as long. Has been an Alderman 
for the City of Philadelphia about 30 Years, was Mayor of that 
City in 1711. That ever since he has known the said three 
Lower Counties and the Province of Pensilvania, they have 
been in the Possession of the Duke of York and William Penn, 
and those claiming under him, as Proprietors and Landlords 
of the same, successively. When he first knew Kent County, 
it was the Practice of the County Courts in the said Lower 
Counties, as he was informed and believes, to grant Warrants 
and Survey Lands, and thereupon Patents were granted for 
those Lands by the Government of New York ; but that, always 
after William Penn obtained the Government of the same 
Counties and Province of Pensilvania, hitherto, he the said 
William Penn, and those claiming under him, have, succes- 
sively, appointed the Officers, Commissioners, and Managers of 
Property, in the said Province and Counties. And never knew 
that the Defendant, or his Ancestors, ever were in Possession 
of the said Province of Pensilvania, or the said Counties, as a 
Proprietor or Landlord of them. Or that the Officers, Com- 
missioners or Managers of Property for the Lord Baltimore ever 
granted out any Lands or Plantations within the same Province 
or Counties. He has known that William Penn deceased, and 
the Widow Hannah Penn, Mother of the Plaintiff's (likewise 
deceased,) by Virtue of the said William Penn's Will, and the 
present Plaintiff's, have been severally and successively in the 
Possession of the same Province and Counties, as Landlords, 
Landladies, and Proprietors of the same Province and Counties ; 
and has heard and believes that William Penn was in the Pos- 
session of the Province of Pensilvania from 1681, till this Wit- 
ness first knew the same Province. That he knew the said three 
Lower Counties before 1682. And since that Year, the said 
William Penn, and those claiming under him, have, always 
been in Possession of the same. This Witness never held any 
Office which gave him an opportunity of inspecting Records, 
and thereby becoming acquainted with Grants and Titles of 
Lands in the said Province and Counties, but has occasionally, 
seen several Grants of Lands in the said Province and Counties, 
which, since the Year 1682 were all made by the said William 
Penn, and those claming under him ; and hath never seen any 
Grants f n r Lands in the same Province or Counties from or 
under the Lord Baltimore, or any of his Ancestors. 

Note— The Defendant has cross-examined Mr. Preston to a 
whole Sett of Interrogatories. 



540 PENNSYLVANIA AND MARYLAND 

James Logan, aged 66. [Lib. B. Fol. 76. Int. 9. Fol. 97. ] 

From 1701 has held the several Offices of Secretary. Com- 
missioner of Property, General Receiver of the Proprietors 
Dues, and one of the Governor's Council, and continued in 
them many Years. On Governor Gordon's Death in 1736, he 
was, for near two Years, till the Arrival of the present Gov- 
ernor, President of the Council, and as such, had the Admin- 
istration of the Government in Pensilvania, and then, divested 
himself of all Offices in the said Government. That for seven 
Years from the Year 1716, he was President of the Court of 
Common Pleas for Philadelphia County ; and from the Year 
1731, for 5 Years, he was Chief Justice of the supreme Court of 
that Province, which he was obliged to lay down, upon his 
coming to the Administration of the Government. That ever 
since he knew the said Province and three Lower Counties, 
the said William Penn and his Descendants, have always been 
in Possession of the same Province and Counties as Proprietors 
and Landlords thereof, except when the said William Penn was 
obliged to vest the same in Trustees for the Payment of a con 
siderable Debt contracted by him; during which time the said 
William Penn, his Trustees and Descendants, have successively 
appointed the Officers, Commissioners, and Managers of Prop- 
erty, for granting out Lands in the said Province and Counties — 
he has — neither heard, nor does believe, that Lord Baltimore, or 
his Ancestors, ever had any Possession or Management, in or of 
the said Province, or the said Counties, or any part of them, 
except by an Intrusion and forcible Entry made, in or about 
1685, by some of Lord Baltimore s Officers, upon the Land of 
one John Ogle, near Christiana Creek, of which the said Ogle 
had been long in Possession, and building a small inconsid- 
erable Fortress there. Says he is very sure the said William 
Penn only, was always in Possession of the Province of Pensil- 
vania from 1681, till this Witness first knew that Province, and 
also of the said Counties from the Year 1682, till this Witness's 
first Knowledge of them. He has seen several of the Records 
of the said Province but it was never his Business to inspect 
any of them. That as Secretary as aforesaid, he had occasion, 
ever since the Beginning of the Year 1700, to inspect great 
Numbers of the most ancient Grants as well as others, and 
Titles of the Tenants and Occupiers of Lands in the Province 
of Pensilvania and the said Counties, made before the Year 
1700 ; and never saw one Grant, during that time, of any Lands 
in the said Province or Counties, from Lord Baltimore, or any 
of his Ancestors, or from any other under his or their Authority. 
The most ancient of all which Grants that he has seen, were 
from Mynheer Stuyvesant, who was Governor for the Dutch at 



BOUNDARY QUESTION. 541 

the time when the Lands were under their Government; and 
after the Year 1664, from Richard Nichols, Francis Lovelace, 
or Sir Edmund Andros, the several Governors at New-York ; 
and, from the Year 1682, from the said William Penn or his 
Commissioners. That during the Year 1700, and to November 
1701, the said William Penn signed all the Grants of Lands in 
the sa.id Province and Counties ; and that from November 1701, 
this Witness, as one of the Commissioners of Property for 
William Penn and the Trustees aforesaid, signed almost every 
Grant for Lands in the said Province and Counties, until the 
Death of the said William Penn; and from his Decease this 
Witness, being duly authorised for that purpose, continued to 
sign all the Grants that were made of any Lands in the said 
Province or Counties, until the time the Plaintiff Thomas 
Penn arrived in the Province in 1732 ; the other Commissioners 
of Property surceasing to act during the Witness' Absence on 
a Voyage to England. That the Number of those Grants and 
Titles was great, but he never kept any Account of them. 

Note — The Defendant cross-examined this Witness, only as 
to his being interested in the Event of the Cause, or hold- 
ing any disputed Lands, which he, in the most precise, 
full and absolute Terms utterly denied. 

These two Persons, having long knoAvn the Country, and 
gone thro' all these publick Offices, were the properest 
Persons to know these Matters, but what they say in 
General, and at once, is no more than what is confirmed, 
peacemeal, by a Cloud of other Witnesses, (even the De- 
fendant's own Witnesses,) and by the Records themselves. 

* James Steel, [Lib. C. Fol 559. Int. 127. Fol. 625.] 

Has known Pensilvania and the three lower Counties above 32 
Years. He was and acted, for many Years, as a Justice of Peace 
in Kent County. And was, afterwards one of the Justices of the 
Supreme Court for the said three Counties. About that time was 
also appointed and continued for many Years, Receiver of the 
Quit Rents and other Revenues accrewing to the Proprietors of 
Pensilvania in the said Province, and also in the said three 
Counties. For about seven Years past has acted as Receiver 
General under the Pensilvania Proprietors for that 'Province 
and the said three lower Counties. Ever since his first Know- 
ledge of the said Province and Three Counties, Mr. Penn and 
his Family and Descendants, or Persons under their Authority, 
have all along, to this present Time, been in Possession of the 
said Province and thi'ee Lower Counties as Landlords and Pro- 
prietors thereof, and have all along appointed the Magistrates, 
Officers and Commissioners of Property for the granting of 



542 PENNSYLVANIA AND MAEYLAND 

Lands within the said Province and Counties. And never 
knew Lord Baltimore, or any of his Ancestors, in Possession of 
the said Province and Counties as Proprietor or Landlord 
thereof, since this Affirmant knew the same : nor did he ever 
know the said Defendant, or any of his Officers, Commissioners 
or Agents, to grant out the several Lands within the said Prov- 
ince and three lower Counties, or any of them. And has heard 
and believes the said Mr. Penn was always in Possession of the 
said Province and three lower Counties, from 1681, as Proprie- 
tor or Landlord thereof, unto the time he first knew the same. 

Benjamin Eastburn aged 44. [Lib. C. fol. 678. Int. 128. Fol. 

1714.] 
Has seen in the Office of Surveyor General of Pensilvania, 
and the three Lower Counties, (which he now holds) Great 
Numbers of Original Warrants and Surveys for the granting 
Lands in the said Province and Counties; which all appear to 
be made either under the Government of the Province of New 
York, or by Courts who acted under the same Government, or 
under the Authority of Mr. Penn deceased, formerly Proprietor 
of Pensilvania, or those who have claimed under him ; but 
never did see any Grants or Titles for or to Lands in the same 
Province or Counties, which were made or derived under the 
Defendant or his Ancestors, or his or their Commissioners or Of- 
ficers. That by Warrants now lodged in the said Office, it appears 
that Mr. Penn and those claiming under him. before June 1785, 
have granted near and about 830,000 Acres of Land, lying in 
the said Counties of Newcastle, Kent and Sussex. And that 
the Dutch and English Governments, at Nsw York aforesaid, 
had granted very large Quantities of Land there, before Mr. 
Penn's Right to the said Counties, to the amount of near 100,- 
000 Acres as he believes, under which same Grants divers Per- 
sons, there residing, claim and enjoy those Lands to this Day. 

* James Steel {Lib. C. Fol. 559. Int. 128. Fol. 629.] 

Has seen several Grants for Lands within Pensilvania and the 
Lower Counties, not only amongst the Records kept at New 
York, but aiso in the Hands of several of the Occupiers of such 
Lands, bearing Date before 1681, and made by the Governor of 
New York. And that under some of those Grants some of such 
Occupyers as he believes still continue to hold their Lands, 
under the Plaintiffs, but the greater Number of the Occupyers 
and Claimants of the Lands under such old Grants, have since 
renewed their Grants for such Lands with and under Mr. Penn 
and his Descendants, and those claiming under him. He has 
also seen great Numbers of Grants and Titles of Lands within 
the said Province and three lower Counties, bearing Date since 



, BOUNDARY QUESTION. 543 

1681, as well upon and amongst, the several Records kept in and 
for the said Province>nd Counties, as in the Hands of several of 
the Owners and Occupyers of such Lands. And says that all 
the same Grants appeared to him to have been made by and 
under the Authority of Mr. Penn, his Family and Descendants, 
and does not remember ever to have seen any Grants for Lands 
within the said Province and three lower Counties, which were 
made by or under the Defendant, or any of his Ancestors, or 
his or their Commissioners, Agents or Officers for Property. 
Says that by and from his inspecting and examining the sev- 
eral Memorials, Minutes and Entries of Lands granted within 
the said three lower Counties of Newcastle, Kent and Sussex, 
which are kept in the Office of the Surveyor General for the said 
Province and three lower Counties, he computes and believes 
there were near or about 100,000 Acres of Land within the said 
three lower Counties granted before 1682, by or under the Au- 
thority of those under whom William Penn claimed ; and that, 
since that Time, and before June 1735, there have been near or 
about 328,000 Acres of Land, within the said three lower Coun- 
ties, granted by Mr. Penn, his Family and Descendants, and those 
claiming Authority under him and them. Says that by and 
from several ancient Books, Papers and Memorials, now in his 
Custody as Receiver General under the Plaintiffs as aforesaid, 
he finds and believes, that, soon after the Grants of the said 
three lower Counties to William Penn. John Hill, Samuel 
Preston, William Clarke, and Thomas Fisher were appointed 
by or under William Penn to be his Receivers and Collectors 
of Rents and Quit Rents, from the Tenants and Occupyers of 
Land in the said County of Sussex; and that George Martin, 
William Berry, Samuel King, and William Rodeney, and some- 
times the said William Clarke, were also appointed by or under 
the said William Penn to be his Collectors and Receivers of 
such Rents in the said County of Kent. And also that Edward 
Gibbes, George Dakeyne, Cornelius Empson, and John French, 
were also appointed by or ander the said William Penn to be 
such his Collectors and Receivers in and for the said County 
of Newcastle, And that James Atkinson, was in like Manner 
appointed to receive such Rents in all the said three Counties. 
All and every of which said several Collectors and Receivers 
this Affirmant finds by the same ancient Books and Papers, 
and believes, did actually receive, divers and considerable 
Quit Rents from the then several Tenants and Occupyers of 
Lands in each of the said three Counties, for the Use of the 
said William Penn. And says that, since his being appointed 
Receiver and General Receiver as afore set forth he has also 
received, from time to time, from the Tenants and Occupyers 



544 PENNSYLVANIA AND MARYLAND 

of Lands in each of the said three Counties divers and consider- 
able Quit Rents for the Use of William Penn, his Family and 
Descendants. And says he believes and is well satisfyed, that 
all and every of the said Tenants or Occuoyers of Lands, within 
the said three Counties, which are herein before mentioned to 
be held under the said ancient Grants from the Governor of 
New York as aforesaid, have at one Time or other, paid some 
Part of their Quit Rents, for such Lands, to, or to the Use of 
the said William Penn, his Family or Descendants, or some of 
them. 

James Logan, aged 66. [Lib. B. fol. 76. Int. 10. fol. 106] 

That William Penn did, from time to time, appoint the 
several Officers for collecting the Quit Rents from the Tenants 
and Occupiers of Lands in the said three lower Counties ; and 
that no other Officers or Collectors were ever appointed for 
that purpose by or under any other Person but the said William 
Penn and Persons under his Authority, from the time of the 
said Wiliiam Penn's first becoming Proprietor of Pensilvania 
and the said three Counties, as this Witness ever heard or un- 
derstood. And says there has been considerable Quit Rents 
received from the Tenants in the said three Counties, by the 
said Officers and Collectors so appointed by the said William 
Penn and under his Authority as aforesaid. Says the Names 
of some of the said Collectors of Quit Rents so appointed by 
the said William Penn and under his Authority, were Samuel 
Land. Edward Gibbs and George Dakeyne, with several others, 
for the County of Newcastle; and William Clarke, principally, 
for the Counties of Kent and Sussex; But there were divers 
others whose Names do not at present occur to his Memory. 



12TH BRANCH, That constant Annual Assemblies, have been 
held, for the Lower Counties, under Mr. Penn from 1682 ; 
Courts of Justice always held there, under his Authority; 
And none of the Inhabitants of those Counties ever elected 
into the Maryland Assembly. 

Samuel Preston, aged 75 {Lib. B. fol 312. Int. 30. fol. 337.] 

Says that upon Proprietor Penn's first coming to Pensilvania 
and settling the Constitution thereof, and of the three Lower 
Counties, the Members or Representatives, who were elected by 
the People in and for the Province, and in and for the said 
Counties, sate in and made but, one united House of Assembly 
under the Government of the said William Penn; And that the 
said three lower Counties were thereupon called the Territories 
of Pensilvania; But, some time after Mr. Penn's second De- 



BOUNDARY QUESTION. 545 

parture from Pensilvania. the Representatives of the People 
divided, and sate in, or made two separate Houses of Assembly, 
one for the Province of Pensilvania, and the other for the three 
lower Counties; which were, from that time, called the three 
lower Counties of Newcastle, Kent and Sussex on Delaware. 
Doth not know how many Assemblies have been held in the 
said Province and Counties, but says the same have been, 
always, held under William Penn his Family and Descendants. 
Says there have been Courts of Judicature held in the said three 
lower Counties ever since his being acquainted therewith, which 
have always been, and still are, held under the said William 
Penn his Family and Descendants, and not under the Defend- 
ant or his Ancestors, or any other Person or Persons whatso- 
ever. 
James Logan, aged 66. [Lib. B. fol. 76. Int. 30. fol. 154] 

Says that from 1682 there have been, to the best of his Know- 
ledge, constant Annual Assemblies, and also Courts of Justice, 
held, down to this time, in Pensilvania and the said Lower 
Counties, under the Authority of William Penn and his De- 
scendants. And never knew or heard of any Assemblies or 
Courts of Judicature whatsoever, held in the said Province or 
the said three lower Counties, ot either of them, under the 
Authority of the Defendant or any of his Ancestors. 

John Ball, aged 69. [Lib. B. fol. 15. Int. 30. fol. 22.] 

Has known the Lands now called Pensilvania 64 Years, and 
the County now called Newcastle sixty two Years, in which 
County he has lived 54 or 55 Years. That formerly the Repre- 
sentatives of the said three Counties, and of the said Province, 
composed one joint Assembly, but, for near 30 Years past, the 
Representatives of the said Counties have made a distinct As- 
sembly. All which Assemblies have been always held under 
the Proprietors of Pensilvania, and never under the Proprie 
tors of Maryland. That there have been Courts of Judicature 
held in the said Counties, which as long as he remembers, 
wera always held under the Proprietors of Pensilvania, and 
not under the Proprietors of Maryland ; but has heard there 
were Courts held at the Town, now called Newcastle, formerly 
Sandhook, and at the Town now called Chester in Pensilvania, 
formerly called Upland, by the Dutch. 
*John Garretson, aged 77. [Lib. B. fol. 7. Int. 30. fol. 13.] 

Has known the Province of Pensilvania and the County of 

Newcastle, which was formerly called Sandhook, as long as 

he can remember, but was not well acquainted with the lower 

Counties, but heard the lowest County was called Whorekill, 

35— Vol. XV. 



546 PENNSYLVANIA AND MARYLAND 

and the next above it Jones's. That, for about 30 Years past 
the Province of Pensilvania and the three lower Counties have 
been represented by different Assemblies, but, before that time 
the Representatives were joined, and composed but one Assem- 
bly for the whole. That the said Assembly for the said 
Counties, during these 30 Years, have been elected annually, 
and were always held under Mr. Penn and his Descendants, 
and never under Lord Baltimore; That Courts of Judicature 
have been always held in the said Counties as long as he can 
remember, under Mr. Penn and his Descendants only. 

Jeremiah Langborne, aged 66. [Lib. C. fol. 719. Int. 30. fol. 721.] 
Has known Pensilvania and the three lower Counties above 
fifty four Years. Ever since he can remember till 1701 the Rep- 
resentatives chosen by the People of the said Province and 
Counties did compose one joint Assembly to make Laws for 
Government of said Province and Counties. And in 1699 or 
1700 this Affirmant was chosen a Representative for Bucks 
County, and met the other Representatives for the Province of 
Pensilvania .and the Representatives chosen for the said 
Counties, at Philadelphia; where they made one joint Assem- 
bly. And that from 1701 or 1702 (to the best of his Memory) 
to this Time, the Representatives of the said Province and 
Counties have composed two distinct Assemblies. Believes 
there have been Annual Assemblies held for the said Counties 
(either in Conjunction with that for Pensilvania, or separately 
as aforesaid) ever since he knew the same. Never heard, or 
knew that any such Assemblies were held by or under any other 
Authority than that of Mr. Penn. Has heard and believes that 
Courts of Judicature have been held, from time to time in the 
said Counties, ever since he knew them, which as he has heard 
and believes were always held under the Authority of Mr. Penn. 

John Webster of Maryland aged 72, Defendant's Witness cross- 
examined [Lib. E. fol. 22. Int. 5. fol. 23.] 
Says there is an Assembly of the Representatives of Maryland, 
which is a, Part of the Legislature of that Province, but knows 
not, that any Persons were ever elected, in any of the three 
lower Counties, to serve in that Assembly. 

Benjamin Tasker of Maryland aged 50, Defendant 's Witness, 
but cross-examined [Lib. E. fol. 49. Int. 5. fol. 52.] 
Speaks in the self-same Words with Webster. 



BOUNDARY QUESTION. 547 

13TH BRANCH, To prove that the very Acts of Assembly past 
in Lord Baltimore's own Province of Maryland do from time 
to time call the Lower Counties, the Territories of Pen- 
silvania, and tax Goods coming from thence, or carried 
thither, as Goods coming to or going from another distinct 
Province, And that those Laws are from time to time en- 
forced and put in Execution. 

Edward Chambres of Maryland aged, 51. [Lib. C. fol. 456. Int. 
111. fol. 459.] 
Has lookt upon the produced printed book, intitled, A 
Collection of the Laws of Maryland, collected and printed by 
Authority at Annapolis in 1727. Says that book is well known 
in Maidyand, and received and allowed as Authority in the 
Courts of that Province as the Laws thereof. As to Page 49 
in the Act to prevent exporting of Tobacco by land, says that 
by the Words (Territories thereunto) immediately following the 
Words Province of Pensilvania in the third Line, and again 
in the fifth Line, are meant the three lower Counties of New- 
castle, Kent and Sussex on Delaware, as he understands and 
believes. As to Page 157 in the Act laying an Imposition on 
Negroes and other Things, says that the like Words there, have 
the like Meaning as he understands and believes. 

Edward Chambres {Int. 122. fol. 462.] 

Has lived in Maryland 11 or 12 Years, and has held the Office 
of Collecter of his Majesty's Customs for the Port of Pocomoke 
in that Province during all that time. Is acquainted with the 
Trade and Navigation of that Province, and with the Duties 
arising 1 upon Shipping, and Customs or Duties upon Goods 
imported or exported into or out of that Province. Says that 
Ships and Vessels trading into and out of the said Province pay 
Tonnage of 17 d. Sterling per Ton, which is paid to the several 
Naval Officers out of that Province — Says that Ships and Vessels 
trading into and out of the said Province pay Tonnage of 17 d. 
sterling per Ton, which is paid to the several Naval Officers of 
that Province, and that 14 d. of the said Tonnage is received for 
the use of the Defendant, and the remaining 3d. for the use of the 
Governor of that Province. But Vjy what Authority the 14 d. a 
Ton is demanded, or received, he knows not. Has lookt on the 
44th Page of the said Book of the Laws of Maryland, into the 
Act there for confirming to the Governor 3d. a Ton upon Ships 
and Vessels, And says that Ships or Vessels built in or belonging 
to the People of the Counties of Newcastle, Kent and Sussex; 
and trading into Maryland, do and have paid the said Duty 
ever since he came into his Office of Collector, but for how long 
before knows not. And has lookt on the 30tb Page, and says 



548 PENNSYLVANIA AND MARYLAND 

the People of the said Counties who have such a seated Planta- 
tion as there mentioned, where they have with their Families, 
resided for a whole Year, within the said three Counties, or any 
of them, are not intitled to the Privilege of Residents in the 
Province of Maryland within the Meaning of that Act. And 
the Reason of his Belief is because such People of the said 
Counties live in another Government. 

William Rumsey of Maryland, aged 42, the Defendant's Witness 
being cross-examined [Lib. E. fol. 25. Int. Additional 5. 
and 6. fol. 26. and 28.] 
Says he holds the Naval Office of Cecil District under the 
Governor of Maryland, the Deputy Commissary's Office of Cecil 
County under Mr. Dulany Commissary General, the Deputy 
Surveyor's Office of the said County under Mr. Harris, Surveyor 
General of the Eastern Shore, is Receiver of the Rents of two 
Mannors for Lord Baltimore, under Authority from the Gov- 
ernor, is a Justice of Peace in Cecil County, and a Representa- 
tive for that County in the Assembly. And says he has lookt 
on the Book produced markt 3. And it's well known in Mary- 
land, and is generally received and allowed as of Authority in 
all Courts within that Province, as the Laws of that Province, 
and has lookt upon the 49, 73, and 157 Pages, and that by the 
Words (Tei'ri tor ies thereunto belonging) in those several Places 
immediately after the Words (as of the Province of Pensil- 
vania) he understands and believe the three lower Counties of 
Newcastle, Kent and Sussex on Delaware are meant. 

Note— This Man with all these Offices is one of those who 
gave the Opinion as a Surveyor that the Circle should be 
only two Miles distant, and he is one that swears to an 
Opinion about the Extent of Lord Baltimore's Charter. 

Benjamin Tasker of Marland aged 50, the Defendant's witness, 
but cross-examined [Lib. E. fol. 49. Int. 5. Additional, fol. 
57. Int. 3. Original, fol. 51. and Int. 6. Additional, fol. 58.] 
Says fol. 57. That he holds the several following Offices of 
Trust and Profit in Maryland, viz. One of the Defendant's 
Council of State, Agent, and General Receiver, and Naval 
Officer of the Port of Annapolis, by Appointment of the Gov- 
ernor of Maryland, also Surveyor of the Customs by Commis- 
sion from the Commissioners of the Customs at London, and 
Mayor of Annapolis by Election pursuant to the Charter of 
that City, Fol. 51. That he never knew or heard the three 
lower Counties called by any other Names than Newcastle, 
Kent and Sussex, and the three lower Counties, and (as he 
thinks) by the Name of the Territories of Pensilvania; but 
whether they were called so by the Government or Legislature 



BOUNDARY QUESTION. 549 

of Maryland, knows not. [He did not know what we were going 
to ask him, for] fol. 49. he has lookt upon the printed Book 
markt No 3. and says it's a Book well known in Marlyand, 
and is constantly received and allowed as Authority in all the 
Courts of Judicature within that Province as Part of the Laws 
of that Province (except such of the Laws therein contained 
as have been repealed, annulled or expired since the publishing 
the same) And he says that by the same Words, Territories 
thereunto belonging, in the Laws, fol. 49, 73, and 157, the 
three lower Counties of Newcastle, Kent and Sussex, are meant 
and intended. 

John Webster of Maryland the Defendant's Witness cross ex- 
amined, aged 72. [Lib. E. fol. 22. Int. 4. fol. 23. ] 
Has heard several of the common People dwelling in Sussex 
County, call the three lower Counties, the Territories of Peu- 
silvania. 

Abraham Allman of Maryland, aged 50. [Lib. B. fol. 236. Int. 
112. fol. 237.] 
Does not know of any Bread, Beer or Flour being seized, by 
any Officer of Maryland, for being imported from either of the 
three lower Counties, all which he names. But says he himself 
has once paid Duties, to William Rumsey Naval Officer in Cecil 
County [in Maryland] for Rum imported by the Deponent into 
Maryland from Apoquinimink in Newcastle County. And 
which Duties the said Rumsey claimed as due and payable 
under some Law of the Province of Maryland, as the Deponent 
understood. 

John Carnon of Maryland Merchant, aged 45. [Lib. B. fol. 247. 
Int. 112. fol. 275.] 
He never heard of any Bread, Beer or Flour being seized. 
But has himself paid, and has known several other Persons 
pay, at sundry times, since 1727, several considerable Sums for 
Duties of Negroes and Rum imported by him and them, from 
Newcastle County, into Maryland. And which Duties were 
paid to Stephen Knight and William Rumsey. as Naval Officers 
of Cecil County, and due and payable or claimed by them, by 
vertue of an Act of Assembly of Maryland, as the Deponent un- 
derstood and believes. 

John Mac Arthur of Maryland, aged 35. [Lib. B. fol. 292. a. Int. 
112. fol. 293. b.] 
He knows of no Commodities imported from the Lower 
Counties into Maryland, that have been seized in that Province ; 
But the Deponent formerly brought two Hogsheads and a 
Barrel of Rum, from Barbadoes, and landed the same at Phi la- 



550 PENNSYLVANIA AND MARYLAND 

delphia, and carried thern into Christiana Creek in Newcastle 
County, and, from thence, by Land into Cecil County. That 
the Deponent was there informed by William Rumsey (who 
he believes was Naval Officer there under Maryland Government) 
that if the Deponent did not pay the Duty of the said Rum, 
he would seize the same. Whereupon the Deponent paid him 
the Sum he demanded ; and understood and believes it was 
received from him under the Authority of the Government of 
Maryland. 

Q-eorge Lawson of Maryland, aged 30. [Lib. B. fol. 302. Int. 112. 

fol. 303.] 
Heard some Rum was seized about two Years ago, as carrying 
from Newcastle County to the Iron Works in Cecil County, 
but that the affair was afterwards made up and agreed. He 
has at several times paid Duty for Rum which he imported into 
Maryland from the County of Newcastle, unto William Rumsey, 
as Naval Officer for Cecil County, who claimed and received 
the same, as the Deponent understood and believes by vertue 
of and under some Law of the Province of Maryland. 

John Scott aged 34. [Lib. B. fol. 304. Int. 112. fol. 305.] 

In 1735 he carried Rum from Apoquinimy Landing in New- 
castle County, by Land to the Head of Bohemia River in Cecil 
County in Maryland, and there paid a Duty of 3d. per Gallon 
for it to William Rumsey, Naval Officer of Cecil District under 
the Government of Maryland. 

Andreto Porter of Maryland, aged 35. [Lib. B. fol. 306. Int. 112. 

fol. 306.] 
Has heard that Duties have been several times paid for Rum 
imported into Maryland, from Newcastle County to William 
Rumsey Naval Officer of Cecil County. And this Deponent is 
now sued by the said Rumsey, for the Duty of Rum, he imported 
from Christiana Bridge in the County of Newcastle into Mary- 
land ; which Suit is now depending in the County Court for 
Cecil County. And the said Rumsey claims and receives the 
said Duties, by vertue of or under some Maryland Law, as the 
Deponent understands and believes. 

William Rumsey Naval Officer in Maryland, aged 42, the De- 
fendant's Witness, but cross-examined [Lib. E. fol. 25. Int. 
7. Additional fol. 30.] 
Has heard and believes that Bread, Beer, Flour, Malt, Wheat, 
and other English Gram and Tobacco have been imported and 
brought from the three lower Counties since the making the 
Act contained in Page 73 of the Law Book, but never heard that 
any of them were seized by any Officer of Maryland. But has 



BOUNDARY QUESTION. 551 

been informed that some Wheat brought from Nottingham 
under the Government of Pensilvania, was seized by John Ward 
of Cecil County. That as Naval Officer, by vertue of divers 
Acts of Assembly of Maryland, he has received from several 
Persons sundry Duties for Rum, Wine and Negroes, imported 
into Maryland from Newcastle County. That he brought an 
Action against one John Carnan in Cecil County, for trans- 
porting Hides from Bohemia Landing in Cecil County in Mary- 
land, to Apoquinomy in Newcastle County, with Intention to 
transport them to Philadelphia, as he apprehended from some 
Words spoke by Carnon, and recovered Judgment against 
Carnon in Cecil County Court ; but he brought a Writ of Error 
in the Provincial Court of Maryland, where the Judgment 
was reverst. The Cause of which, as he has generally heard, 
was that Apoquinomy was within the Province of Maryland, 
but has been informed, by one of the Justices of the same Court, 
it was upon a Fault in the Declaration. 

Benjamin Tasker of Maryland, aged 50, Defendant' s Witness 
but cross-examined [Lib. E. fol. 49. Int. 7. Additional 
fol. 61.] 
Remembers that Sir William Keith late Governor of Pensil- 
vania imported into Maryland in a Sloop from Newcastle, a 
Loading of Bread, Flour, and Beer, since the making the Act, 
Page 73 of the Law Book, and that Horses have been since 
commonly imported into Maryland from the said three lower 
Counties. And remembers that some Horses were seized, during 
the Continuance of that Act, and that they were acquitted, 
but for what Reasons can't set forth. Has heard that Duties, 
for Rum and Wines imported from the three lower Counties 
into Maryland, have been paid to the Naval Officers of Cecil 
County in Maryland, by vertue of the Act Page 157 in the Law 
Book. And has heard that some Hides were seized by William 
Rumsey, as being exported out of Maryland contrary to a Mary- 
land Act, and were afterwards acquitted, but for what Reasons 
knows not. 



14TH BRANCH, Containing some General Account of the 
great Expence Mr. Penn was at, and how much he has im- 
paired his English and Irish Estates to settle this Country. 
You 'lhplease to remember, under this Head, that though Mr. 
Penn's Petition for a Grant of Lands in America is worn out, 
and rendered imperfect, yet there remains enough of it, as it 
appears more authentically in the Acts of Council thereupon 
in 1680.. to shew that he -petitioned for it in Recompence for 
great debts then due to him from the Crown. 



552 PENNSYLVANIA AND MARYLAND 

James ^ogan, aged 66. {Lib. B. f< I. 76. Int. 11. fol. 109. The 
latter Part of his Answer to that Interrogatory, fol. 118.] 
After speaking of the Grants of Pensilvania and the Lower 
Counties made by King Charles and the Duke of York to Mr. 
Penn, he says, Mr. Penn in 1682 arrived himself in the Prov- 
ince and transported thither from England, a vast Colony, in 
thirty two Ships, at sundry times before he himself left the 
Country in 1684. In which Expedition, during the said William 
Penn's Continuance in the Country, which did not amount to 
the full Term of two Years, the said William Penn, as the Affir- 
mant is well assured from the intimate Acquaintance he had 
afterwards with the said William Penn's Affairs, expended not 
less than a Sum betwixt Six and Ten thousand Pounds Sterling. 

Letitia Aubrey, aged 60. [Lib. A. fol. 134. Int. 40. fol. 145.] 

That William Penn, the Plaintiffs Father, was in his Life- 
time possest and intitled to a large and considerable Real Estate 
in England and Ireland, but did not die possest of or intitied 
to all the same real Estates. For she remembers his selling 
about 1712 as she believes) an Estate at Worminghurst in Sus- 
sex of the yearly Value of 200Z. or upwards, and heard he, many 
Years before, sold another Estate in England, and also an Es- 
tate in Ireland of several Thousand Pound Value ; and has heard 
and believes he likewise mortgaged one or more of his Estates. 
The Reason of selling and mortgaging the same was, as she 
believes, to raise Money the better to enable him to settle and 
defend his Colony in America. 

John Page, aged 60. {Lib. A. fol, 174. Int. 40. fol. 191.] 

Was well acquainted with the said William Penn from 1705 
till his Death, and had Opportunities of being well acquainted 
with his Cirucmstances and Affairs, which were in a bad Con- 
dition. And this Deponent can depose the same, because he 
was employed, as his Attorney or Sollicitor from 1707 till his 
Death. Knows the said William Penn was a Prisoner in the 
Fleet from Hillary 1707 to October 1708, at the Suit of Ford and 
others, for a Debt of above 12,000Z. owing from the said William 
Penn upon a Mortgage of Pensilvania, and it was with a great 
deal of Difficulty that he raised Money for discharging the same. 
When the Deponent first knew him, he was intitled to a con- 
siderable real Estate both in England and Ireland, but did not 
die possest of and intitled to all the said real Estates, for in 
1707 he sold Part of the said real Estate in England of a consid- 
erable yearly Value, at Worminghurst in Sussex, to Mr. Butler 
since deceased, and afterwards sold a considerable Part of his 
real Estate in Ireland to Mr. Bernard then Sollicitor General 
there, and this Deponent was concerned for the said William 



BOUNDARY QUESTION. 553 

Perm in the said Sales, which the Deponent believes were made 
by him for raising Money to pay his Debts. The Deponent 
hath heard in the Family, and believes, that before the Depon- 
ent's Knowledge of the said William Penn, he had sold or mort- 
gaged some considerable Estates in England, which were his 
first Wife's Inheritance, for raising Money to enable him to 
carry on the Plantation ofr his said Province of Pensilvania. 

Ferd. John Paris [Lib. A. fol. 195. Int. 40. fol. 330.] 

Never had any great Acquaintance with the said William Penn 
or with his Circumstances or Affairs, during his Life time; but 
from 1722, became acquainted with and transacted Business 
in a great many Affairs for Springett Penn, Grandson and then 
Heir at Law to the said William Penn, down to the Time of 
Springett's Death in 1730; and immediately after was employed 
for William Penn junior, who upon his Brother Springetts 
Death, became Heir at Law to the said William Penn, and 
has been concerned in a great Number of Affairs for the 
the said William Penn junior, till 1739, that he went to reside 
in Ireland. And by reason of being so employed for the Heirs 
at Law, has had frequent Opportunities and Occasions to look 
into the Deeds and Titles of the Estates in England and Ireland, 
which appeared to have been enjoyed by Proprietary Penn, 
whereby the Deponent plainly perceived that after 1680, he 
made considerable Mortgages and Sales of his Estates in Eng- 
land and Ireland, but to what Value can't say, nor how or in 
what manner he applied the Money theraby raised, but was 
informed by Springett Penn in his Life time that the Estates, 
sold off by the said William Penn amounted to a great yearly 
Value, and as near as Deponent remembers, he mentioned that 
such Estates so sold off in Ireland only were then of the Value 
of 1200Z. per Annum, or thereabouts. 

John Jefferys aged 60 [Lib. A. fol. 63. Int. 40. fol. 66.] 

Was acquainted with the said William Penn, and served him 
as Secretary for two Years, from 1705 to 1707, whereby he had 
some Opportunities of being acquainted at that time, with his 
Circumstances and Affairs, which, as the Affirmant believes, 
were pretty much perplext. Says the said William Penn was 
then possest of, or intitled to, a considerable real Estate in 
England in Kent and Sussex, and also in Ireland ; But, while 
the Affirmant was his Secretary, or some time afterwards, the 
said William Penn did, as the Affirmant understood and be- 
lieves, sell or dispose of his Estate at Worminghurst in Sussex, 
which, as he remembers, was computed at about 300Z. a Year, 
and also part of his Estate in Ireland. 



554 PENNSYLVANIA AND MARYLAND 

John Jefferys aged 60. [Lib. A. fol. 3. Int. 41. fol. 68] 

Whilst he served the said William Perm as his Secretary, he 
was privy to several of his Accounts; and in or about 1706, the 
said William Penn employed and directed the Affirmant to 
write out and state an Account, from Particulars he gave the 
Affirmant for that Purpose, of the Costs and Charges of his 
Affairs in Pensilvania and the Profits arising therefrom ; where- 
by it appeared and was stated, that the Province of Pensilva- 
nia and the three Lower Counties of Newcastle, Kent and Sus- 
sex, stood indebted to the said William Penn in the Sum of 
64, 0002 and upwards, over and above the Profits he had received 
therefrom. 



15TH BRANCH, That the now Plaintiffs have possest ever 
since 1726. 

Samuel Preston aged 75 [Lib. B. Fol. 312. Int. 16. Fol 324.] 

Says he has lived in Philadelphia ever since 1726, and there- 
fore knows that the present Plaintiffs have been in Possession 
of the three lower Counties of Newcastle, Kent and Sussex ever 
since that Time, as Proprietors and Landlords of the same. 



16TH BRANCH, Of the Number of Persons settled in each of 
the three Lower Counties. 

Thomas Noxon, aged 40, [Lib.- C. Fol. 488. Int. 124. Fol. 525. 
Further on Fol. 527. J 
Says he lives in the County of Newcastle, and is well ac- 
quainted therewith, and also with the Counties of Newcastle, 
Kent and Sussex. That the County of Newcastle is very thick 
settled, the County of Kent well settled, but not so thick as 
Newcastle, and the County of Sussex not quite so thick as Kent, 
there being great Quantities of poor Land in Sussex County. 
Says there is at least, 1400 Taxables in the County of Newcastle, 
which he computes and believes make about an Eighth Part 
of the Inhabitants in that County, [8 times 1400 make 11,200] 
And that there are two Churches and two Chapels, and also 8 
Dissenting Meeting Houses, in the County of Newcastle; and 
a publick Court-house, and a Prison, and a Market-house, in 
the Town of Newcastle. And two Market Houses in Wilming- 
ton in the said County of Newcastle. 

Benjamin Chew aged 18 [Lib. C. Fol. 772. Int. 126. Fol. 773.] 

Knows Part of Newcastle County, and lives in Kent County, 
but does not know Sussex County. That Newcastle County is 



BOUNDARY QUESTION. 555 

pretty thick settled, but Kent County not so thick settled. 
That he acted last Year as Deputy Clerk of Kent County, and, 
from a Calculation he made upon a particular Occasion, from 
the Levy Lists, it appeared there were 1025 Taxables in the 
same County. That he does not know what Proportion the 
Number of Taxables bears to the Number of all the Inhabitants 
of that County, but has heard People, that he esteemed of better 
Judgment than himself, say they judged they were about 8 or 
10 to one [only 8 times 1025 make 8,200]. Does not know what 
Number of Churches or Meetings there are in that County, and 
knows of no other publick Buildings therein but a Court- 
house and a Prison. 

* William Till aged A3 [Lib. C. Fol. 740. Int. 126. Fol. 741.] 

Knows the Counties of Newcastle, Kent and Sussex, and 
formerly lived many Years in Sussex County, but now lives in 
Philadelphia. Says the said Counties are very well settled. And 
believes there are about 600 taxable Persons in the County of 
Sussex, which he believes is about one seventh Part of all the 
Inhabitants in Sussex County, [7 times 600 make 4200] And 
that there are in that County, one Church and two Chapels, 
all under the Care of one Minister of the Church of England, 
two Presbyterian Meeting Houses, and two Quakers Meeting 
Houses, and the other publick Buildings are a Court-house and 
Prison in that County. 



17TH BRANCH, Of the very strange Way of granting Out 
Lands by the Maryland Officers; and the Consequences 
which they insist arise from the Persons locating such 
Grants. 

Benjamin Tasker Defendant' s Witness, but cross examined, aged 
50 {Lib. E. Fol, 49. mh Int. Fol, 53. ] 
That he is at present Agent for the Defendant, and General 
Receiver of all his the Defendant's Rents, Rights and Dues in 
the Province of Maryland. 

The same [21st additional Interrogatory, Fol. 54.] 

That the Method for authorising the Defendant's Surveyors 
for laying out Lands is first, to obtain a Certificate to the Judge 
of the Land Office, from the Defendant's Agent, that his Dues 
are paid for the Quantity of Land desired, and upon that, a 
Warrant is granted, in the Land Office, directed to a Surveyor 
to lay out the Land applied for, and after such Surveyor has 
made his Return upon such Warrant to the Land Office, and 
the same is examined and approved, a Patent from the Land 
Office is thereupon granted: believes that such Surveyors, 



556 PENNSYLVANIA AND MARYLAND 

sometimes do, and sometimes do not actually run out the Lines 
of such Surveys, but always do mark or certainly describe, one, 
or more of the Boundaries of such Lands so by them surveyed ; 
and the said Surveyors always make their Returns upon such 
Warrants, as if they had actually run out the several Lines. 

Griffith Beddoe, the Defendant's Witness, cross examined, aged 
39 [Lib. E. Fol. 18. Int. 45. Fol. 19.] 
That there are Grants of Lands recorded in the Land Office 
of the Province of Maryland, which Lands are expressed by those 
Grants to lie on the West Side of Delaware Bay, and as he is 
informed lie in the three lower Counties on Delaware; and 
other Grants of Lands expressed to lie on Christiana Creek 
recorded in the said Office, which he is also informed, lie with- 
in the same Counties; the Names of all which Lands, and of 
the Persons to whom the Grants were made, do appear in the 
Exhibits on the Part of the Defendant, numbered (4) purport- 
ing to be Extracts or Copies of several Grants or Patents of Land 
recorded in the said Land Record Books of the Province of 
Maryland. 

'The same -[Int. 47. Fol. 21.] 

That he knows not, nor has he seen, in the Entries of the 
Land Office of the Province of Maryland, that the Proprietors 
of Maryland, or their Agents, denied to grant Warrants or Pat- 
ents for Lands, because such Lands lay, as were supposed to 
lie, within the Province of Pensilvania, or the three lower 
Counties on Delaware. 

Note— They may according to this Method of Granting, 
grant out even Philadelphia it self, or all Pensilvania, if 
they set at home and invent imaginary Surveys in a Chim- 
mey Corner ; and then, the Entries of these Grants are to 
be topt upon us, as real Grants made by the Defendant, 
when there is not a single Instance of his having fairly 
settled any one spot in the Lower Counties. 

James Logan aged 66 [Lib. B. Fol. 76. Int. 18. Fol. 125.] 

Has conversed divers Times with Philemon Lloyd, who was 
Agent to the Lord Baltimore, Proprietor of Maryland, on the 
Subject of granting Warrants at large for Lands to be located at 
the Pleasure of the Purchaser ; and on his blaming the Conduct 
of some of that Province for their pretending to take up lands 
far within what had always been reputed the Province of Pensil- 
vania, and, at one particular Time, upon this Witness's mention- 
ing that Matthias Vanbebber, and one of Henry Hollingsworth's 
Family about 1716, had presumed to survey Lands towards the 
River Susquehannah, as far Northwards, as the City of Phila- 



BOUNDARY QUESTION. 557 

delphia, which had always been accounted by the People of Pen- 
silvania not less than 20 Miles within their well grounded 
Claims, which Practice divers others likewise afterwards at- 
tempted, the said Philemon Lloyd alledged in Excuse that those 
Things were done without the Knowledge, much less the Direc- 
tion of any concerned in the Land Office of Maryland ; for that, 
their Warrants were at large, for any Lands whatsoever, that 
were vacant and unappropriated before, within the Bounds of 
that Province; and it was entirely at Choice of the Purchasers 
of such Warrants to locate them where they thought fit, at 
their own Risque ; but the present Governor of Maryland, Sam- 
uel Ogle, at a Meeting of the Commissioners (of which this Wit- 
ness was one) appointed by the Proprietors both of Maryland 
and Pensilvania, for settling the Boundaries pursuant to the 
Articles of May 1732, which was held at Newcastle on 80th 
October in the said Year and the three following Days, upon 
discoursing the aforementioned Subject of Warrants at large, 
strenuously insisted that the Division Lines, tho' agreed on, 
not being yet run, such Warrants issuing from the Office of 
Maryland, wherever they were located, make the Land, on which 
they were laid, a Part of the Province of Maryland. 

Samuel Preston aged 75 [Lib. B. fol. 312. Int. 18. fol 324] 

That at a Meeting of the said Commissioners in February 
1732, upon some Conversation concerning Encroachments made 
by the Inhabitants of Maryland and Pensilvania, Samuel Ogle, 
then Lieutenant Governor of Maryland, said, That the Land 
Office in that Province was open, and any Person applying to 
the said Office, and complying with the Conditions obtained a 
Warrant for taking up Lands in the Province of Maryland, 
which he might locate where he pleased, the Boundaries between 
the two Provinces not being known; whereupon Andrew Ham- 
ilton, one of the Plaintiffs Commissioners, asked the said Ogle 
if the Person obtaining such Warrant should execute it, by an 
Officer of Maryland, three or four Miles above, or to the North- 
ward of Philadelphia, Whether the Person obtaining the same 
Warrant would thereby, become a Marylander? The said 
Samuel Ogle answered, that such Person must be looked upon 
as his Lordship's Tenant, or Words to that Effect. 

* James Steel [Lib. C. fol. 559. Int. 18. fol, 638. ] 

That at a Meeting of the Commissioners appointed to run 
the Lines on the first or second of February 1732, on some Con- 
versation between the Commissioners for Maryland and Pensil- 
vania touching some Settlements made on the West Side of 
Susquehannah River under Maryland Warrants, Mr. Ogle, one 
of the Maryland Commissioners [and Governor] then said that 



558 PENNSYLVANIA AND MARYLAND 

Warrants for surveying Lands in Maryland were granted at 
lai-ge, and that the Persons who took out, or were possest of 
such Warrants, had it in their Option, and might locate such 
Warrants where they pleased : The Pensilvania Commissioners 
answered that, according to such Position, such Warrants might 
be located in the Neighbourhood of Philadelphia, or to the 
Northward ot it : The said Ogle replied, that in case such 
Warrants should be so located, the Persons locating the same 
ought to be esteemed Lord Baltimore's Tenants, until the Divi- 
sion Lines between the Provinces were actually run and settled. 
A most mischievous, and unheard of, Doctrine in America, 
purely to beget eternal Contests, first invented and closely 
observed by this Governor Ogle, who has really been the 
Incendiary, that has defeated the salutary Agreement 
made between the Parties, as we shall see, even from his 
own Evidence, by and by. 



18TH BRANCH, Of the notorious Scituation of Pensilvania 
and the lower Counties, both upon one and the same West 
Side of the River and Bay of Delaware, and of my Lord's 
going personally, by Land, from the one to the other of them 
in 1733, which, neverthless, he has been pleased to swear, 
in his Answer, are separated by, and lie on different Sides 
of, that great Bay and River. 

James Logan, aged 66 [Lib. B. fol. 76. Int. 7. fol. 91.] 

Has been acquainted with Pensilvania, Three Lower Counties, 
and 'the Province of New Jersey, above 30 "iears; and it is 
notorious that Pensilvania and the said Counties lie on the 
West Side of Delaware Bay and River, and the Province of New 
Jersey on the East Side thereof. 

Samuel Preston aged 75 [Lib. B. fol. 312. Int. 121. fol. 450. 1 

Has frequently travelled, by the Common Road, from New- 
castle Town to the City of Philadelphia, which is esteemed 
about. 36 Miles, and there is not any Bay or River that divides 
the Province of Pensilvania from the County of Newcastle ; 
and verily believes no considerate Man, who travels that Road, 
can so far mistake, or be ignorant of the Scituation of the said 
County of Newcastle, as to believe it to be on a different Side 
of Delaware Bay or River from the Province of Pensilvania, 
because they are apparently on one and the same Side thereof. 

Edward Chambres of Mai yland aged 51. [Lib. C. fol. 456. Int. 
121. fol. 467. ] 

In totidem verbis. 



BOUNDARY QUESTION. 559 

William Beckett aged 43 [Lib. B. fol. 277. Int. 121. fol. 277.] 

The Defendant's own Witness, cross examined, says the same 
thing exactly, but in stronger Terms ; for he thinks no Man in 
his senses, that rides that Journey by the Common Road, can 
be ignorant of the Scituation, or believe them to be of differ- 
ent Sides. 

Gideon Griffith aged 45. [Lib. B. fol. 279. Int. 121. fol 279. ] 
In the same Words as Mr. Beckett. 

George Ross, Clerk, aged 59. [Lib. B. fol. 308. Int. 221. fol. 308.] 
Another of the Defendant's own Witnesses, cross examined, 
says the same thing as Beckett and Griffith, in totidem verbis. 

Abraham Taylor aged 37 [Lib. C. fol 477. Int. 121. fol. 467.] 
In totidem verbis. 

Edward Chambres aged 51 [Lib. C. fol. 456. Int. 7. fol. 457.] 

Has been acquainted with Pensilvania, and the lower Coun- 
ties, above 20 Years, and has seen the Province of New Jersey ; 
and says the Province of Pensilvania is not contiguous to the 
Province of New Jersey, being separated therefrom by the River 
and Bay of Delaware which run betwixt them ; and that Pen- 
silvania lies on the West, and New Jersey on the East Side of 
the said Bay and River. And Pensilvania and the lower Coun- 
ties lie on one and the same Side, viz. the West Side of the said 
Bay and River. 

William Rumsey of Maryland aged 42, the Defendant's Witness, 
cross examined, [Lib. E. fol. 25. Int. 1. additional fol. 25. ] 
Says the River Delaware lies between Pensilvania and New 
Jersey. And that the lower Counties and the Province of Pen- 
silvania lie on the West Side of the Bay or River of Delaware. 

Benjamin Tasker of Maryland aged 50, Defendant's Witness, 
cross examined, [Lib. E. fol 49. Int. 1. Additional fol. 49.] 
Says with great Difficulty, at last, that the Bay and River 
of Delaware separate Pensilvania, from that Part of New Jersey 
which he is acquainted with; and that the Province of Pen- 
silvania, and the three lower Counties, as he understands, 
lie on the West Side of the Bay and River Delaware. 
George Ross, Clerk, [Lib. B. fol. 308. Int. 120. fol 310. ] 

The Defendant's own Witness, cross examined, swears that 
Lord Baltimore came to the Town of Newcastle by Land, in 
Day-time, in 1733, when the Deponent saw him, That he then 
walked about that Town, stayed there one Night and Part of 
the next Day. That the Defendant then rode from thence up 
to Chester Town in the Province of Pensilvania, where this 
Deponent waited upon him, and from thence went as the De- 
ponent was informed and believes to the City of Philadelphia. 



560 PENNSYLVANIA AND MARYLAND 

Gideon Griffith [Lib. B. fol. 279. Int. 120. jol. 290.] 
Confirms the same. 

Abraham Taylor [Lib. C. fol. 477. Int. 120. fol. 487.] 

Has heard and believes that Lord Baltimore was at the 
Town of Newcastle on Delaware in the beginning of the \ 7 ear 
1733, and that he came from thence by Land into the City of 
Philadelphia, where the Deponent saw him, and he continued 
some Days. 



19TH BRANCH, Of the Treatys in Order to, and the drawing, 
perusing and settling the Draught of, the Agreement, the 
Map, and Mr. Senex's written Opinion, * * * * * and 
the Execution, by the Party s, of the Agreement in Question, 
and of the Commissions for running the Lines pursuant 
thereto. 

Ferd. John Paris [Lib. A. fol. 195. Int. 16. fol, 199.] 

Says, that he became well acquainted with, and known to, 
the Defendant, at the time, and in the manner following; In 
1725, the Earl of Sutherland having made Application to the 
Crown, relating to the three Lower Counties, there were several 
Attendances, or Hearings thereon, before his Majesty's then 
Attorney Greneral ; at which Hearings such Application of the 
Earl of Sutherland was opposed, not only by the Mother of the 
Plaintiffs, and also by Springett Penn as Heir at Law, then, of 
Proprietary "William Penn, but also by the now Defendant; on 
which occasion the Deponent acted and appeared, not as Solici- 
tor for the Plaintiffs, or their Mother, but as Solicitor for another 
Branch of that Family, namely for the said Springett Penn; 
and in or about 1729 and 1730, this Deponent became further 
known to the Defendant, by having often attended him on sev- 
eral Acts of Assembly past in his own Province of Maryland, 
and on Complaints from thenee, of the Clergy there, or other 
Persons relating to Matters arising in his said Province of 
Maryland; and that in 1730, this Deponent was appointed by 
the Assembly of Pensilvania to be their Agent here, and, as 
such, publickly acted, in London and Westminster, in the 
publick Affairs of Pensilvania. And saith that about the be- 
ginning of 1731, the Deponent accidentally met the Defendant, 
and falling into Discourse, the Defendent took occasion to 
mention to the Deponent, that both himself and the Proprie- 
tors of Pensilvania greatly suffered, from some Disputes which 
had for a long time subsisted between them, and their Families, 
and that he wished they were accommodated, or to the like 
Effect, as near as the Deponent can recollect ; whereto the De- 



BOUNDARY QUESTION. 561 

ponent answered, he had heard a good deal of these old Dis- 
putes, and that it did seem to be high time they should be 
composed, or to such Effect ; and acquainted his Lordship that 
if he would give leave, he the Deponent would acquaint Mr. 
Penns (who the Deponent believed would be very willing to 
accommodate that Matter) with what his Lordship had said, 
or to such Effect; and his Lordship, to the Deponent's Appre- 
hension, then expressed his Desire, that the Deponent would 
mention to them, what had so passed between his Lordship 
and this Deponent. Saith that ne the Deponent was, about 
that time, and for a considerable time before, had been endeav- 
ouring to compose a great Difference between William Penn 
the Younger, (who was then upon his elder Brother Springett 
Penn's Death, become Heir at Law of Proprietary William 
Penn) and the now Plaintiffs John, Thomas, and Richard 
Penn, about Proprietary William Penn's Will, and about his 
American Estate; and the Deponent apprehending then, that 
an Agreement, between the Lord Baltimore and Mr. Penns 
might facilitate the Conclusion of an Agreement between the 
different Branches of Proprietary William Penn's Family, and 
might procure better Terms from the Plaintiffs to the said Wil- 
liam Penn junior, (who was then this Deponent's Client) for con- 
firming Proprietary William Penn's Will and Disposition of his 
American Estate, the Deponent was very glad therefore of an 
Opportunity to promote that other Agreement with Lord Bal- 
timore ; and thereupon the Deponent did, very soon after such 
Discourse had past betAveen the Defendant and the Deponent, 
take an Opportunity to acquaint the Plaintiffs John and 
Thomas Penn, and also the Deponent's then Client the said 
William Penn junior thereof; who declared on their Parts, 
that they were satisfied how much it was the common Interest 
of all Parties to settle those old Disputes with the Lord Balti- 
more; In a short time after which, there was a Meeting had, 
between the Defendant, and some, if not all, of the now Plain- 
tiffs, at the Ship Tavern near Temple-Bar, on or about 3d June 
1731, at which Meeting the Deponent was present ; and after the 
Occasion of that Meeting had been opened, and some Discourse 
had between them, one of the now Plaintiffs (and to the De- 
ponent's best Remembrance it was the Plaintiff Thomas Penn) 
produced a small written Map of part of Pensilv;mia and Mary- 
land, and of some adjacent Parts; and the Defendant, on his 
part, produced another written Map of the like Places, upon 
comparing of which two Maps together, they seemed to have 
in the descriptive Parts of the Places no material Difference 
that the Deponent could perceive, which Map produced by the 
36— Vol. XV. 



562 PENNSYLVANIA AND MARYLAND 

Plaintiffs as aforesaid, is the the Map markt Par. (No 1.) now 
produced, and each of the said Maps had, then, a Circle or part 
of a Circle, drawn round the Town of Newcastle. And after a 
good deal of Conference and Discourse, of the Lord Baltimore's 
Claim to the three Lower Counties of Newcastle, Kent and Sus- 
sex, and also, how high, or how far North, his Head-Line of 
his Province of Maryland should extend, the Lord Baltimore 
with a Pencil and Rule, drew, upon his said Map, a strait Line 
from a part at the Edge of the Land, which was there called 
Cape Hinlopen, to the Westward a-cross a good Part of the 
Peninsula, into the Middle, or thereabouts, of the Peninsula, 
and then, drew another strait Line, Northwards, up to the Top 
of the Peninsula, and above every Part of the Peninsula, 
and into the main Land or Continent, (as there described) 
and until it went, by and above, some part of the Circle : 
and then he drew another strait Line, Westwards, across the 
River at the Head of Chesapeak Bay, (at the upper Point of 
the said second Line) as and for what he then insisted should 
be his Boundary: and it was then declared by the said Lord 
Baltimore, that those two first mentioned Lines would leave 
the three lower Counties to Mv. Penns ; and that the third Line 
above-mentioned should be the Head Line, or North Boundary of 
Maryland, and the Foot Line or South Boundary of Ponsilvania, 
or to some such Effect : Saith that one of the now Plaintiffs 
(and to the Deponent's best Remembrance, it was the Plaintiff 
John Penn) then, with a Pen, drew Lines, upon his Map, how 
he desired the said Lines should run; which Lines so drawn 
roughly by the Plaintiff, were much like those drawn by the 
Defendant, save that the Plaintiff made the general Foot-Line, 
or South Boundary of Pensilvania, (and consequently the gen- 
eral Head Line, or North Boundary of Maryland) to be lower, 
or more Southerly, than the Lord Baltimore had done; where- 
upon a very long Debate and Argument arose, between the De- 
fendant and the Plaintiffs, at what Distance South from the 
City of Philadelphia, the Foot Line of Pensilvania, or the Head 
Line of Maryland should run? And the Lord Baltimore at first, 
(and always so far as the Deponent knows) persisted that such 
last mentioned Line should be only at 15 Miles Distance below 
the Parallel, or South of Philadelphia. And the Plaintiffs, or 
such of them as were at that Meeting, then insisted that that 
would be too much, or too far, above the Peninsula, and that 
the North Bounds of Maryland should beat 20 Miles Distance, 
below the Parallel, or South of Philadelphia; And the Depon- 
ent well remembers that the Terms and Proposals for an Agree- 
ment did, then, proceed from the Lord Baltimore himself, but 
no Agreement, was, at that time, concluded between the Parties ; 



BOUNDARY QUESTION. 563 

but both sides took time to consider of it. And saith tbat 
after such first Meeting, the Deponent was present at a second 
Meeting, between the Defendant, and some, if not all; of the 
Plaintiffs, upon or about the 11th June 1731, when a very long 
Conference was had, between them, whether the Head or North 
Line of Maryland should be so high, as to be within 15 Miles 
of Philadelphia, or should be at some greater Distance South 
of Philadelphia? And the Lord Baltimore then insisted that 
it should be within 15 Miles of Philadelphia, otherwise, he 
would not agree, but would take some adversary Measures, or 
to that Effect; and such of the Plaintiffs as were then there 
not at all agreeing to the Lord Baltimore's said Proposal and 
Demand, at that time, the Treaty broke off. And saith that, 
some time afterwards, the Treaty was again resumed in the 
following manner, for that the Deponent on or about 6th July 
1731, did meet the Plaintiffs John Penn and Thomas Penn, and 
the said William Penn junior, to consider of a Letter which 
the said William Penn junior then produced and shewed this 
Deponent, and said he had received from Lord Baltimore, which 
Letter intimated that his Lordship had preferred some Petition 
to his Majesty; whereupon, on or about 9th July 1731, the 
Deponent did meet the Plaintiffs John Penn, and Thomas Penn, 
and the said William Penn junior, or some of them, again, 
together with one Mr. Simon Clements a Relation of theirs, 
since deceased, in order to prepare an Answer, on the Part of 
Mr. Penns to that Letter, and to be sent to Lord Baltimore; 
and he then saw such Letter said to be received by the said 
William Penn junior, from the said Lord Baltimore, and hath 
since made very diligent Enquiry after the same, but that the 
said William Penn junior, having since released to the Plain- 
tiffs, and having lived for several Years last, past as the Deponent 
assuredly believes, in Ireland, the Deponent cannot obtain the 
same, or any Account thereof, but is very apt to believe the 
same is lost or mislaid, and not now in being; and verily 
believes that a written Answer to such Letter was sent to, and 
received by the Defendant the Lord Baltimore. For that, on 
or about 20th of the same July 1731, the Deponent was present 
at a third Meeting, at the Bedford-Head Tavern, near Covent- 
Cfarden, with the Defendant the Lord Baltimore, and (accord- 
ing to the Deponent's best remembrance) every one of the now 
Plaintiffs, and also with the said William Penn junior, then 
Heir at Law of Proprietary William Penn, at which time very 
great Debates and Arguments were used, between them, at what 
Distance, South of Philadelphia, the Head or North Line of 
Maryland, or the Foot or South Line of Pensilvania, should 
run? Whether so near as within 15 Miles of the Parallel of 



564 PENNSYLVANIA AND MARYLAND 

Philadelphia, (as the Lord Baltimore had before insisted) or, 
at some, and what greater Distance; and the now Plaintiff 
John Penn did then insist it should run lower, namely at 18 
Miles, South of Philadelphia, afterwards at 17 Miles, and then 
contended, to the Deponent's now best Remembrance for half 
a Mile, but the Lord Baltimore appeared to be fixed and deter- 
mined and declared he would absolutely have it run within 15 
Miles of Philadelphia, or else would not agree, or to that Effect ; 
insomuch that the Deponent apprehended, the Treaty would 
then again have broken off; whereupon the Deponent went 
aside, with the Plaintiff John Penn, out of the Room where 
the Company was met, and represented to him that, as his own 
Family Difference with his Father's Heir at Law, was then, in 
a manner agreed upon, and as there had been continual Disputes 
and Contests between his own Family, and Lord Baltimore's 
Family, for about 50 Years then past, about Boundaries, and 
about the said three Lower Counties, the Deponent really 
thought, it was for the Plaintiffs Benefit, to heal all those old 
Disputes together, and to accept Lord Baltimore's Proposal, 
and put all their Affairs at Peace, or to some such Effect ; and the 
Deponent used such Arguments as seemed proper on that Occa- 
sion. Whereupon the Plaintiff John Penn and the Deponent 
returned into the Room again, where the Company and the said 
Lord Baltimore was, and, after some further Endeavours then 
used, on the Part of Mr. Penns, to induce Lord Baltimore to 
agree to run his Head Line, at more than 15 Miles South of 
Philadelphia, (but which his Lordship absolutely refused) it 
; was at length, finally, but verbally, agreed between them, at that 
Meeting, that the said Head Line of Maryland, should bean 
East and West Line, to run 15 Miles below, or South of the 
Parallel of Philadelphia, and the Parties congratulated each 
other thereon ; and another Meeting was agreed to be had on 
or about the 22d of the same July, to consider how to carry 
such Agreement into Execution. And saith that, accordingly, 
on or about 22d of the same July 1731, the Deponent was present, 
at a fourth Meeting, between the Defendant, the Lord Balti- 
more, and some if not all of the Plaintiffs, (but believes all 
the Plaintiffs were present thereat) at which time the Lord 
Baltimore produced a Paper, which he said he had written or 
drawn up, to express the Parties Agreement; and which he 
also said, must be drawn at length, or to that or the like Effect, 
and such Paper was then read over twice or thrice (as the De- 
ponent remembers.; And the Deponent on the behalf of Mr. 
Penns desired to have the same, or some Copy thereof, but the 
Lord Baltimore declared, that he had no Copy thereof, but 
gave it to Mr. John Sharpe his Sollicitor, who was then present, 



BOUNDARY QUESTION. 565 

and directed him to give this Deponent a Copy of the same; 
Accordingly a few Days afterwards the Deponent received, from 
the said Mr. Sharpe, the Paper now produced, markt (Par. No 
2.) as and for a true Copy thereof ; and the said Mr. Sharpe and 
the Deponent then examined the same therewith, and Mr. 
Sharpe kept the Original, and delivered to this Deponent the 
said now produced Copy. And saitn that he afterwards went 
to the said Mr. Sharpe' s House, and attended on him several 
times, in Order to draw up in Form, and settle the Agreement, 
to be afterwards executed between the Parties, and particularly 
upon or about 16th August 1781, the Deponent delivered over 
to the said Mr. Sharpe, the Defendant's then, and present Sol- 
licitor, the Original Paper Draft of Articles of Agreement 
(but not including the Additional Clauses which are now 
thereto) now produced, markt (Par. No 3.) of which time, as 
well as of several other times spoken to in his Deposition to 
this Interrogatory, the Deponent is the better able to depose, 
after this length of Time, from some Notes which he kept thereof 
in order to draw out his Bill for his Time and Attendances. 
And the Deponent is the rather certain nearly as to th« Time 
now last mentioned, from an original Letter to the Deponent 
(of the said Mr. Sharpe's Hand-writing which Deponent is well 
acquainted with, for that the Deponent hath often seen him 
write) now produced and markt Par. No 4. and dated 19th 
August 1731, wherein, he writ to this Deponent that he had 
perused the Draft of the Agreement between Lord Baltimore 
and Messrs Penns, and thought the same perfectly right, and 
that he had sent it that Night to Lord Baltimore for his perusal, 
or to such Effect, as by the said produced Letter to which the 
Deponent refers. Saith, that he, on several Days, after the 
said 19th of August, went, and sent to, the said Mr. Sharpe's 
House, in order to forward the settling the said Draft, until on 
or about the 23d of September 1731. when the said Mr. Sharpe 
informed this Deponent, that Councellor Wynne then had the 
said Draft laid before him, which said Councellor Wynne (now 
Mr. Serjeant Wynne) the Deponent had before seen, acting for 
the Defendant, relating to his Affairs in Maryland, and accord- 
ing to the Deponent's best Remembrance, the said Mr. Wynne 
had been present, on the Part of the Lord Baltimore, at one 
at least of the Meetings before spoken of ; and after some farther 
Attendances on the said Mr. Sharpe he acquainted this Depo- 
nent on or about the 28th of October 1731, that he had got back 
the said Draft. But the Deponent did not obtain the same, so 
as to see what Alterations were made, or proposed to be made 
therein, until on or about 8th November 1731. And, upon the 
Deponent's obtaining the said Draft back again, this Deponent 



56G PENNSYLVANIA AND MARYLAND 

found the same endorsed on the Outside, with a Direction or 
Desire to Mr. Wynne to peruse and settle that Draft, on behalf 
of my Lord Baltimore, and with a Note or Memorandum, that 
my Lord desired those Articles might be as short and general 
as possible, in regard the same must be made publick in both the 
Provinces, and signed Sharpe Sollicitor pro Lord Baltimore, in 
such manner as now appears thereon. And which said Indorse- 
ment, Direction, Note and Signing, this Deponent assuredly be- 
lieves was and is of the said Mr. Sharpe's own proper Hand- 
writing (which this Deponent was and is well acquainted with 
as aforesaid. ) And the Deponent saith that the said Draft when 
it was so returned back, had in the Margin of the 9th Sheet or 
Folio thereof, these Words written, viz. (The Miles throughout 
to be expressed English Statute Miles) which said Words so writ- 
ten there, the Deponent assuredly believes were, and are, of the 
said Mr. Sharpe's Hand-writing; and also several other Notes 
and Words had been then added and written (by the said Mr. 
Sharpe, as the Deponent believes) upon several other of s the 
Sheets ; and the said Draft had likewise the several other Altera- 
tion and Additions then made thereto by writing, seeming to 
be writ with a Pencil, and which the Deponent did then and 
still doth apprehend and believes had been made by the said 
Councellor Wynne. Of which Alterations (more especially that 
for expressing the Miles, to be English Statute Miles) this Depo- 
nent acquainted the Plaintiffs, or some of them, and had divers 
Meetings with them thereon, and they appeared to be greatly 
dissatisfied therewith, declaring that the Miles mentioned 
in the said Draft, ought to have been Geographical Miles or 
Minutes, and not English Statute Miles ; and that an Alteration, 
so as to make them English Statute Miles, was entirely to their 
Prejudice, and in Lord Baltimoi'e's Favour, and would extend 
his Bounds, in those Places where Miles had been mentioned, 
near about a sixth Part more than he himself had ever demanded 
or to some such Effect, and they shewed apparent Unwill- 
ingness to agree thereto ; And saith that he afterwards attended 
the said Mr. Sharpe thereon and objected to that proposed 
Alteration, in particular, and on or about 5 January 1731, a 
Meeting was had, between the Defendant, and two, if not all 
three, of the Plaintiffs, at the Lord Baltimore's House in Gros- 
venor Square, when after much Debate, the now Plaintiffs, or 
so many of them as were there at time, were prevailed on to 
consent to such Expression of English Statute Miles; and the 
said Draft of Agreement, or great part thereof, was then read 
over, and many Debates thereon had, and the said Lord Balti- 
more did then propose that some Mathematician should be con- 
sulted, upon the Draft of the said Articles; and it having been 



BOUNDARY QUESTION. 567 

mentioned, in the said Draft that some Map or Plan of the Place 
in Question, was, or was to be, in some manner or other, annexed 
to, or referred to, in the Articles of Agreement, Debates arose, 
between such of the Plaintiffs, as were then there (which the De- 
ponent believes were all three of the Plaintiffs,) and the De- 
fendant the Lord Baltimore, which of their two Maps or Plans 
should be engraved, so as to be referred to in the Articles of 
Agreement ?'and also who should be the Person that should 
engrave the same? And the Deponent well remembers, that 
some one of the Plaintiffs proposed that their Map or Plan 
should be engraved for that Purpose, and that a Person (whose 
Name this Deponent doth not now recollect, and who lived 
somewhere in the Strand) should engrave the same, but the 
Lord Baltimore insisted that his own Map or Plan should be 
engraved, for such purpose, and he named and desired that 
another different Person, one Mr. Senex of Fleet street (who is 
now lately deceased, as the Deponent believes) should engrave 
his the said Lord Baltimore's Map or Plan, and also, should 
examine the said Draft of the Articles ; and accordingly, it was, 
in the Deponent's presence and hearing, agreed between the 
Lord Baltimore and such of the Plaintiffs as were there, that 
the Lord Baltimore's Map or Plan should be the Map or Plan, 
that should be engraved, and that the said Mr. Senex (who 
had been named by the said Lord Baltimore) should engrave 
the same; and that Mr. Senex should also consider, and give 
his Opinion upon, the said Draught of the said Articles of Agree- 
ment or to that Effect; and, accordingly, the Deponent was 
present, with the said Mr Sharpe the Lord Baltimore's Sollicitor, 
when the said Draught of the said Articles of Agreement, was 
delivered to the said Mr. Senex. And the said Mr. Sharpe de- 
livered to the said Mr. Senex the Map or Plan which this De- 
ponent did then, and doth still believe, was the very Plan 
which had beenmarkt by the Lord Baltimore as aforesaid, and 
the said Mr. Sharpe and this Deponent concurred in desiring 
the said Mr. Senex to consider the said Articles, and to give 
his Opinion for the Satisfaction of their respective Clients, 
upon the same, and upon the Propriety of the Terms and Ex- 
pressions which were made use of therein, and also that the 
said Mr. Senex would engrave the Map or Plan so delivered to 
him by the said Mr. Sharpe. And the Deponent saith that, after, 
some few Days time, the said Mr. Senex did verbally declare 
his Approbation of the Terms made use of in the Draft of the 
said Agreement, but the Deponent and the said Mr. Sharpe, or 
one of them, seemed rather desirous that he should give his 
Opinion thereon in Writing, or to some such effect, and which 
he atterwards did to the said Mr. Sharpe, and to this Deponent ; 



568 PENNSYLVANIA AND MARYLAND 

and that Copy of his Opinion which he delivered to this De- 
ponent, this Deponent hath kept in his own Custody ever since, 
(until lately, that it was left with the Clerk, who examines 
this Deponent, as an Exhibit in the Cause) And it is the Paper 
markt Par. (No 5) now produced. And this Deponent did and 
doth apprehend, such Paper to have been of the said Mr. Senex' s 
Hand-writing, but doth not know the same to be so. And 
that the said Mr. Senex declared he would go about engraving 
a Plate of the Map or Plan which had been so left with him by 
the said Mr. Sharpe; and after some time, the said Mr. Senex 
produced a Copper-plate, and also a Proof-sheet, as printed 
off from the same, the Lines of which the Deponent did 
examine as carefully as his Capacity Avould allow him, with 
the said written Map or Plan then in the said Mr. Senex 
his Custody, and found the same to agree together; And 
after such time the Deponent knows that Mr. Sharpe had in 
his own Custody again the said written Map or Plan, which 
had been so left with the said Mr. Senex, for engraving such 
Plan; And Mr. Senex did, at the Deponent's Request, some 
considerable time afterwards, stamp off some of the Prints from 
the Copper-plate, on the Margin of the Parchment, whereon 
the Articles of the Agreement were to be (and afterwards were) 
engrost for Execution Saith that, at the time the said Draft 
of the Articles was first delivered over, although the now Plain- 
tiffs and their Nephew William Penn iunior, had very near 
agreed upon Terms to purchase a Release from him to them, 
yet. such Release from him, was not actually obtained from 
him, in Form (to the Knowledge or Belief of this Deponent.) 
And therefore in August 1731, when the said Draft of the before 
mentioned Articles was so delivered over to the said Mr. Sharpe, 
the said William Penn junior was named therein as and for a 
Party to the said Articles, but after that time, and while the 
forementioned Matters were passing, the said William Penn 
junior did (to this Deponent's certain Knowledge) release to 
his Uncles, the now Plaintiffs, or to some of them generally 
the said Province of Pensilvania and Counties of Newcastle, 
Kent and Sussex, on which Account as that Matter had inter- 
vened while the said Draft of the Articles of Agreement was 
under Consideration as aforesaid, some of the now Plaintiffs, 
or the Deponent on their behalf desired, that then the said 
William Penn's Name might be struck out, and he not longer 
continued as a Party to such Articles of Agreement, which was 
agreed to on the part of the Lord Baltimore, and his Council, 
but the Lord Baltimore, or his Council, Mr. Wynne, afterwards 
insisted that the said William Penn junior, and also some other 
Persons Devisees of certain Quantities of 10,000 Acres of Land, 



BOUNDARY QUESTION. 569 

under Proprietary William Perm's Will, should by an Instru- 
ment, to be endorst on the Back of the said Articles of Agree- 
ment, declare their Consent to such Agreement between Lord 
Baltimore and the now Plaintiffs, and accordingly a Draft of 
a Deed-Poll (for an Endorsement) to some such effect, was pre 
pared by the Deponent, and was settled by the said Counsellor 
Wynne, to some such effect, and makes one of the Papers now 
annexed or pinned to the said produced Draught of the Articles 
of Agreement. Saith that, upon or about 29th March 1732 (above 
seven Months after the said Draught had been delivered over 
as aforesaid) the Defendant did deliver to this Deponent a 
Memorandum, or Note in Writing, now produced and markt 
(Par. No 6) which the Deponent believes to be of the said Lord 
Baltimore's own Hand, containing a new Demand, that there 
should be a Clause to prohibit any of the People of the respect- 
ive Provinces, to carry on Commerce into the Bays of Chesapeak 
and Delaware, by the means of any of the Rivers leading from 
one of the Provinces to the other, without the Leave of the 
Proprietor of the Province to whom the said Bay did belong , 
Upon the Delivery whereof to the Deponent by the said Lord 
Baltimore, his Lordship did signify to this Deponent, that his 
People in Maryland insisted on some such Clause, and that, 
therefore, he must have it, or to some such like effest. And 
this Deponent acquainted the Plaintiffs, or some of them, of 
such new Demand, and shewed to them the said last mentioned 
Memorandum or Note, and after some Consideration they agreed 
to have some Clause for such Purpose, and, accordingly a Draft 
of a Clause was drawn, which was afterwards settled by the said 
Counsellor Wynne, and makes one other of the Papers now 
annexed or pinned to the said produced Draft of the. Articles 
of Agreement, and, at length,, after many other Attendances, on 
the Lord Baltimore, Counsellor Wynne, and the said Mr. Sharpe, 
this Deponent and the said Mr. Sharpe compared the said now 
produced Draft of the Articles of Agreement, with Mr. Sharpe's 
Copy of the same Draft, on or about the 26th of April 1732, and 
this Deponent was to get and did get the said Map stamped or 
printed by the said Mr. Senex, on the Margin of some large Skins 
of Parchment, and the said Draft engrost. for six several Parts 
of the said Articles of Agreement, three to be kept by the said 
Lord Baltimore, and three to be kept by the Plaintiffs which 
being done, this Deponent was personally present on or about 
the 10th of May 1732, and did then see the Defendant and Plain- 
tiffs respectively sign, seal, and as their several Acts and Deeds, 
deliver the Parchment Articles of Agreement, of that Date, now 
produced and markt Par. (No 7) and the Title Baltimore, and the 
Names John Penn, Thomas Penn and Richard Penn, thereunto 



570 PENNSYLVANIA AND MARYLAND 

severally set and subscribed, were and are of the proper Hand- 
writing of the Defend ant, the Lord Baltimore, and of the Plain- 
tiffs, severally and respectively; and thereupon the said Mr. 
Sharpe,and this Deponent, and several other Witnesses then pre- 
sent, did sign an Endorsement or Attestation, as Witnesses, on 
the Back of the said Articles, of the Execution of the same, in 
such manner as now appears thereon ; and the Name Ferdinando 
John Paris, in such manner as now appears subscribed to such 
Endorsement or Attestation, was and is of this Deponent's own 
proper Hand-writing; and at the same time this Deponent did 
also see the said William Penn the Grandson, and Letitia Au- 
brey, Charles Fell, and Gulielma Maria Fell (all of whom the De- 
ponent then very well knew) respectively sign, seal and deliver as 
their several and respective Acts and Deeds, the Deed-Pol 1 or 
Endorsement, written on the Back of the said engrost Articles, 
which Deed-Poll or Endorsement also bears Date the same 10th 
of May 1733, and the several and respective Names, William 
Penn, Letitia Aubrey, Charles Fell and Gulielma Maria Fell, 
thereunto severally set and subscribed, were and are of the 
proper Hand-writings of them severally and respectively; And 
thereupon, the said Mr. Sharpe and this Deponent, and the like 
several other Witnesses (then present) who had witnessed the 
Execution of the said Articles of Agreement, did also subscribe 
their Names as Witnesses to the Execution of the said Deed- 
Poll or indorsement, in such manner as now appears at the 
foot of the same, and the Name Ferdinando John Paris there- 
unto also set and subscribed, was and is of the Deponent's own 
proper Hand-writing; and saith, that the said Articles being 
so executed, the Parties Plaintiffs and Defendant in this Cause, 
congratulated each other on the concluding such Agreement, 
and appeared to be, and exprest themselves extremely pleased 
at the settling the Disputes which had for so many Years before 
subsisted between the two Families, and dined together that 
day. 

The same [Int. 17. fol. 260.] 

Saith that, so far as he knows or believes, the first Meetings 
in order to the said Agreement, began entirely upon the Motion 
and Desire of the Defendant the Lord Baltimore, and not upon 
the Motion or Request of the Plaintiffs, but the Deponent per- 
ceived the Plaintiffs to be very willing to meet his Lordship, 
in order to treat for an Agreement between them ; and the De- 
ponent well knows that the Terms proposed for their Agree- 
ment, at such Meetings as before mentioned, were generally 
proposed by, and were afterwards insisted upon by the Lord 
Baltimore himself, and several of which were complied with, 



BOUNDARY QUESTION. 571 

and agreed to, by the Plaintiffs with great Reluctancy and 
Unwillingness on their Part, so far as ever this Deponent could 
judge, and as this Deponent verily believes; And this Deponent 
saw and heard the Defendant from time to time insist upon his 
general Demands, as before-mentioned, and express himself to 
the Purport that, if the Plaintiffs would not agree thereto, he 
must renew his Claim against them, as to the three lower Coun- 
ties, or to the like, or some such Effect. Doth not remember 
any forcible or menacing Methods, made use of by any of the 
Parties, in order to procure any particular Terms, save that at 
one of the early Meetings in order to the said Agreement one 
of the Plaintiffs exprest a great deal of Regret and Concern at 
the very great Expence, which, he said, they had been put to, 
on the former Disputes and Contests; which Matter the Depon- 
ent did, and doth apprehend and believe the Defendant took 
some advantage of : for that afterwards the Deponent observed 
the Defendant seemed the more tenaciously to insist upon his 
Demands; and several times when the Plaintiffs appeared un- 
willing to agree to his Terms, he intimated that then he must 
renew his former Claims, or to some such Effect; which the 
Deponent then lookt upon as menacing a further Expence to 
the Plaintiffs, which one of them had axprest some Fear or 
Dread of; saith that the said Agreement was not hastily or 
suddenly, or by any Surprise whatever (to the Knowledge or 
Belief ot this Deponent) concluded and settled, but, on the 
contrary, the said Agreement and the Terms of it, N were, to the 
Deponent's Knowledge, under Deliberation, from on or about 
3d June 1731, until very near the time of executing the said 
Articles, on or about 10th May 1732, which was about eleven 
Months; and saith that great Part of the said Time was taken 
up in apparent Delays and Procrastinations (as the Deponent 
then believed, and still believss the same to be) used on the 
Part of the Lord Baltimore and his Agents, which the Depon- 
ent then wondered at, and could not then discover what should 
be the meaning of, as his Lordship seemed very fond and de- 
sirous of the said Agreement; but the Meaning of which were 
afterwards explained (to the Deponent's Apprehension) by what 
the Lord Baltimore himself, at several times towards the latter 
Part of the said Time, declared in this Deponent's Hearing, 
when he delivered over the said new Demand, on, or about 29th 
March 1732, And again, when ho executed the said Articles, on, 
or about 10th May 1732, from whence this Deponent did then 
collect and believe, and doth still really believe, that such Delays 
were taken, in order that the Lord Baltimore might have time 
to receive the Sense and Opinion of his Officers or Agents in 
Maryland upon such Agreement, before he would compleat or 



572 PENNSYLVANIA AND MARYLAND 

execute the same. And saith, that he doth not remember any 
other Instance, of an Agreement between two private Parties, 
having proceeded with such great Caution and Ceremony, or 
such long Deliberations, as were used in order to the compleat- 
ing the said Articles of Agreement between the Parties to this 
Cause, nor doth this Deponent know or believe that any Im- 
position or Deceit was used or endeavoured to be used by the 
Plaintiffs, or any of them, towards the Defendant, in order to 
the obtaining the said Articles of Agreement. 

Abraham Taylor, aged 37. [Lib. C. fol. 477. Int. 113. fol. 478.] 

Says he was a subscribing Witness to, and proves the Execu- 
tion of the Articles of Agreement of 10th May 1732, by all the 
Parties thereto, and was also a subscribing Witness, and proves 
the Execution by the Plaintiffs of their Commission to their 
Commissioners dated 12th May 1732. 

The same. [Int. 114. fol. 481.] 

Says, that he being called in order to be a Witness to the 
Articles, did go to the Place where it was executed, that the 
Plaintiffs and the rest of the Company met, before my Lord 
Baltimore came, and in some time afterwards he came; and ex- 
cusing himself for so long Stay, desired they might proceed to 
the Business they had met about. That the said Deed was 
then read over, and had several Blanks in it, which were all filled 
up till the Reader came to a Blank, which had been left for the 
Penalty. That thereupon it was asked by Mr. Paris, as the 
Deponent remembers, what Sum should be inserted? To which 
after some time. Lord Baltimore said 'twas a Matter of Indiffer- 
ence to him whether it was 5000Z. or 50,000Z. Upon which the 
Parties agreed to have it 5000/. and it was accordingly so filled 
up. Farther says, that, after the Execution of the said Deed, 
the Lord Baltimore in Conversation then said, That there had 
been long Disputes between the said Parties, and he was very 
glad there was now an End of them; that he had' received Let- 
ters from his Friends in Maryland, advising him that he might 
have had better Terms [why then, surely, they knew there, 
what these Terms were] but thvt he "was perfectly satisfied with 
them. And then named one Mr. Lloyd, in Maryland, aud, at 
the same time, James Logan of Pensilvania, and said, that, if 
they had had the Management of it he believed they would have 
protracted the Affair much longer; but he thought it much 
better to end it, as they had now done, and h<~>ped to see Mr. 
Penn in America to make an end of the Affair, or to that Effect. 
And both Parties declared they were well satisfied with, and 
would execute the said Agreement. And further says. That he 
then collected from the said Lord Baltimore's discourse at that 



BOUNDARY QUESTION. 573 

time, that hi the said Lord Baltimore had transmitted the 
Substance of the Agreement between him and the Plaintiffs to 
some of his Friends in Maryland, and had the Letters aforesaid 
in Answer thereto, but, notwithstanding- those Letters, he was 
perfectly well satisfied with the said Agreement. 

Serjeant William Wynne, aged 49. [Lib. A. fol. 164. Int. 29. 

fol. 166.] 
Saith that he hath lookt upon the Paper Draft of Articles of 
Agreement, now produced and markt Par. (No ?>.) and that 
the said produced Draft was left at the Deponent's late Cham- 
bers in the Middle-Temple. London, by Mr. Sharpe, or one of his 
Clerks, (as this Deponent believes) on the Behalf, and by the 
Order (as he believes) of the Defendant the Lord Baltimore for 
the Deponent's Perusal, which said Mr. Sharpe is, or was (as 
the Deponent believes) Agent or Sollicitor for the said Defend- 
ant. And saith, that he does not remember, that he the De- 
ponent was ever attended or consulted with, about the said 
produced Draft, either by the Plaintiffs in Person, or any of 
them, or by the said Defendant in Person, or by any Sollicitors 
or Agents for the said Parties, or any, or either of them, and is 
inclined to believe that he was not; cannot remember how long 
the said produced Draft lay before this Deponent, but believes 
it might lie before him about 10 Days, or a Fortnight, and 
believes he did strike out several Parts of the said produced 
Draft, and make other Alterations therein with a Lead Pencil; 
some of which the Deponent observes have been since wrote 
over with ink; and after he had made such Alterations there- 
in, he did approve of the said produced Draft on the Behalf of 
the Defendant, so far as the Deponent could, without speaking 
to the Defendant or his Sollicitor, touching the same. And the 
Deponent saith, that he had never been applied to, or consulted 
by the Plaintiffs, or any of them, relating to any of their Affairs 
whatsoever before the said produced Draught was laid before 
this Deponent, as aforesaid, or since, but. this Deponent had 
several times before that time, been applied to, and consulted, 
by and on the Behalf of the said Defendant, in the Way of this 
Deponent's Profession, as a Council relating to the Defendant's 
Estate and Concerns in Maryland, and elsewhere; and in par- 
ticular, the Deponent well remembers that he had been ac- 
quainted by the said Defendant of the long Disputes that had 
subsisted between the Defendant and his Ancestors as Proprie- 
tors of the Province of Maryland aforesaid, and the Plaintiffs 
and their Ancestors as Proprietors of the Province of Pensil- 
vania relating to the Boundaries of their respective Provinces. 
And saith, that he was requested by the Defendant, in or about 



574 PENNSYLVANIA AND MARYLAND 

May 1731, or 1732, (as near as this Deponent can recollect the 
time) to meet the Plaintiffs and their Agents, to try if they 
could come to any amicable Agreement, touching the said 
Boundaries; and the. Deponent was accordingly present at sev- 
eral Meetings between the said Defendant and the said Mr. 
Sharpe, his Agent or Sollicitor, and some of the Penns, whom 
the Deponent believes to be the Plaintiffs in this Cause, and 
Mr. Paris their Agent or Sollicitor ; and remembers that the 
said Parties did, at length, come to some Agreements, which 
was ordered to be reduced into Writing, but the Particulars 
thereof, the Deponent cannot, at this distance of time, recollect, 
any otherwise, than from the said produced Draft, which the 
Deponent believes was drawn, or prepared in consequence of 
such Meetings and Agreement, and soon afterwards laid before 
this Deponent to peruse and settle on the Behalf of the said 
Defendant as aforesaid; but who drew, or prepared the said 
produced Draught, he knows not. 
Mary Senex, aged 52. [Lib. A. fol. 154 Int. 30. fol. 156.] 

Well knew John Senex, late of Fleet-street, London, Mathe- 
matician, who was her late husband, and he died the latter End 
of December 1740, and knew him for about 18 or 20 Years before 
his Death, and was his Wife about 18 or 19 Years, of triat time, 
and did frequently see him write, and is well acquainted with 
his Character or Manner of Hand -writing, and hath lookt upon 
the Paper- Writing contained in one Sheet now produced, and 
markt Par. (No 5.) and does verily believe that the two Pages 
of the Body of the said produced Paper- Writing, and the Name 
John Senex, set at the End thereof, is and are of the said John 
Senex's Hand-Writing. 

This Exhibit is Mr. Senex's written Opinion upon the Articles. 

Thomas Smith, aged 29 {Lib. A. fol. 158. Int. 30. fol. 159.] 

Well knew John Senex, who is dead, and died latter End of 
December 1740, and knew him between 13 and 14 Years before 
his Death, and first knew him by being put Apprentice to him, 
and served him as such seven Years, and lived afterwards with 
him as his Journeyman, to the time of his Death, saith, he 
often saw the said John Senex write, and is well acquainted 
with his Character or Manner of Hand-writing, and hath lookt 
upon the Paper-writing contained in one Sheet, now Droduced 
and markt Par. (No 5.) and really believes the two Pages of 
the Body of the said produced Paper-Writing, and the Name 
John Senex set at the End thereof is and are of the said John 
Senex's own Hand-writing; He has also lookt upon the printed 
Map or Plan, upon Paper, now produced and markt Sen. (No. 
1.) and remeinbsrs the engraving the Plate for the said pro- 



BOUNDARY QUESTION. 575 

duced Map or Plan, and it was graved by one Thomas Hutchin- 
son, who was at that time Servant or Journeyman ' (but had 
been Apprentice) to the said John Senex, and who left the said 
John Senex's Service and Family 8 or 10 Years ago, or upwards ; 
and saith, the said produced written Paper, and the said pro- 
duced Map or Plan, have relation to each other, and both relate 
to one and the same Subject, (as he really believes) for the De- 
ponent hath compared them together, and finds they relate to 
the same Lands, and that the dotted lines contained in the said 
produced printed Map or Plan, agree or correspond with the 
Boundaries described in the said produced written Paper. And 
the Deponent saith, that he hath likewise lookt upon the 
Parchment Deed now produced, markt Par. (No 7.) and upon 
the Map or Plan, stampt or printed on the Margin of that Deed, 
and has compared the said produced Paper printed Map or Plan, 
with the said printed Map or Plan upon the said produced Deed, 
and he does not find any Variation or Difference between them, 
but is well satisfied and assured they were both stampt or 
printed from one and the same Plate. 

Thomas Hutchinson, aged 35. [Lib. A. fol. 147. Int. 30. fol. 148.] 
Did well know Mr. John Senex, and the said John Senex is 
dead, and died about a Year and a half since, as this Deponent 
believes, and knew him for many Years; for the Deponent, 
about the Year 17<i0, was put Apprentice to the said John Senex, 
and lived with him as such for the Space of seven Years, and 
afterwards lived with him and workt for him as a Journeyman, 
for about three Years more, and during the Time this Depon- 
ent so lived with the said John Senex as aforesaid, this Depon- 
ent did frqeuantly see him write, and thereby became well ac- 
quainted with his Character and Manner of Hand- writing; and 
saith, he hath lookt upon the Paper- Writing contained in one 
Sheet, now produced and markt Par. (No. 5.) and does verily be- 
lieve, that the two Pages of the Body of the said produced Paper 
Writing, and the Name John Senex set at the End thereof, is 
and are of the said John Senex's own Hand-writing; and saith, 
he hath also lookt upon the printed Map or Plan upon Paper 
now produced and markt Sen. (No 1.) and well remembers the 
engraving of the Plate for the said produced Map or Plan, for 
the same was graved by this Deponent, during the time he lived 
with the said Mr. Senex as aforesaid, but whether before or after 
the Expiration of his Apprenticeship, he does not at this Dis- 
tance of Time remember; and saith, the said produced written 
Paper, and the said produced Map or Plan, have relation to each 
other, and both relate to one and the same Subject, as he most as- 
suredly believes; for that the said produced written Paper seems 



576 PENNSYLVANIA AND MARYLAND 

to the Deponent to contain Directions for drawing the said 
Map or Plan, and by comparing the same together, this De- 
ponent finds they correspond with each other; And saith, that 
he hath likewise looked upon the Parchment Deed now pro* 
duced, markt Par. (No 7.) and upon the Map or Plan stamped 
or printed on the Margin of that Deed, and has compared the 
aforesaid Paper printed Map or Plan with the said printed Map 
or Plan upon the said produced Deed, and most assuredly 
believes they were both stampt or printed off from one and the 
same Plate, for they are exact Copies of each other, and he does 
not find the least Variation or Difference between the one and 
the other. 

Ferd. John Paris. [Lib. A. fol. 195. Int. 22. fol. 288.] 

That upon or about the said 10th May 1732, when the said 
engrost Articles of Agreement were executed, the Deponent 
had before prepared, and did then produce to the said Lord 
Baltimore, and to his said Sollicitor, the Copy or Draft of a 
Commission to be executed by the now Plaintiffs, for authoris- 
ing seven Persons or some lesser Number to be therein named 
t^o carry the said Agreement into Execution in America, and 
which Draft of a Commission this Deponent verily believes was 
and is the Paper markt Par. (No 8.) now produced, and the 
said Lord Baltimore, and his Sollicitor so well approved of 
the same, that they, or one of them, desired that this Denon- 
ent would get engrost like Commissions from the Lord Balti- 
more to be granted to a like Number of Commissioners on his 
Part, for the liKe purpose; and to enable this Deponent so 
to do, the said Mr. Sharpe on the Backside of the said 
Draft wrote down the Names of seven Persons or Commis- 
sioners for Maryland and accordingly this Deponent had 
both Setts of Commissions engrost by this Deponent's 
Clerk (with the before-mentioned Map or Plan stampt on the 
Margin of each of them also) one Sett of Commissions for the 
Plaintiffs to execute, to authorize their Commissioners and 
another Sett for the Defendant to execute to authorize his Com- 
missioners to carry the said Articles into Execution in America, 
and doth verily believe there was no difference between the 
Commissions prepared for, and executed by the Plaintiffs for 
such a purpose as aforesaid, and those prepared for and exe- 
cuted by the Defendant for such purpose, save only in the 
Names, Titles, additions, and Descriptions of the Persons grant- 
ing such Authority, and of the Persons to whom such Author- 
ity was granted, and in the Names of the respective Provinces 
and Counties. 



BOUNDARY QUESTION. 577 

20TH BRANCH, Of the several Proceedings of the Commis- 
sioners in America, Day by Day, in order to have carried 
the Agreement into Execution. 

* James Steel [Lib. C. Fol. 559. Int. 67. Fol. 579.] 

Says that Governor Gordon and Messeurs Preston, Ham- 
ilton, Charles and the Affirmant, the Plaintiffs' Commissioners, 
and Governor Ogle and Messeurs Calvert, Loyd, Howard, Ben- 
nett and Ward, the Defendant's Commissioners, met, at New 
Town in Maryland, on 6th October 1732, which was the first 
Quorum of the said Commissioners, and adjourned to the next 
Morning. 

*The same [Int 68. Fol. 580.] 

Says that the same Commissioners met, at Newtown, on 7th 
October 1732, when the Articles of Agreement bstween the 
Plaintiffs and Defendant, and their several Commissions to the 
Commissioners were first read. Whereupon the said Ogle ob- 
jected, that he did not think the Pensilvania Commissioners 
had sufficient Power to proceed in the Execution of the said 
Articles, because some Branches of the Plaintiffs Family had 
not signed the Commission of the Plaintiffs Commissioners, To 
which it was replied, by some of the Plaintiffs Commissioners, 
that that was supplied, by an Indorsement, made on the Com- 
missions or Articles, in the Hands of the Defendant's Commis. 
sioners, (but as well as the Affirmant remembers, it was in the 
Articles) whereby, some Persons, Branches of the said Family, 
had covenanted not to obstruct the Execution of the said Arti- 
cles, or to that Effect ; upon which, the said Samuel Ogle said, 
he waved it for the present : That the Commissioners on the 
Part of Pensilvania, then did desire and insist upon it, that 
Clerks might be appointed, to take Minutes of the Proceedings 
of all the said Commissioners, that what they had done might 
appear; To which it was answered, by the said Samuel Ogle, 
on the Behalf of the Defendant's Commissioners, that there 
was no Necessity for the same. That when the Plaintiffs Com- 
missioners found they could not prcoure the Consent of the 
Defendant's Commissioners to admit Clerks for the Purpose 
aforesaid, the said Plaintiffs Commissioners then proposed to 
the Defendant's Commissioners, to appoint some of the Com- 
missioners to take Minutes of their said Proceedings ; where- 
upon, it was agreed that Robert Charles and Michael Howard 
aforesaid, should draw up two Minutes thereof, to be exchanged 
by the Commissioners on each Side: and then, the said Com- 
missioners departed from the House where they sat, and went 
to the House of Mr. James Harris in Newtown aforesaid ; That, 
37— Vol. XV. 



578 PENNSYLVANIA AND MARYLAND 

when the said Commissioners met, at the House of the said 
Harris, the Plaintiffs Commissioners brought David French 
one of the present Commissioners [for Examination of the Wit- 
nesses] into the Room, to be a Witness to the exchanging the 
said Minutes. That, soon after the said Commissioners came 
into the Room, the said Samuel Ogle, observing that the said 
David French was in the Room, asked whether he was a Com- 
missioner? To which it was said he was not, but was a Gen- 
tleman the Plaintiffs Commissioners had brought with them, 
and then the said Samuel Ogle intimated, that if he was not a 
Commissioner, he had no Business there ; whereupon the said 
David French withdrew. And further saith that, to the best 
of his Memory, Mr. James Hamilton was also present with the 
said David French ; and the same Objection was made to him, 
at the same Time, which occasioned his withdrawing in like 
manner. That, afterwards the said Robert Charles and Michael 
Howard, did each produce a Minute, which were Copies of each 
other, taken in pursuance of the said Appointment ; and there- 
upon, the Plaintiffs (Commissioners did require and insist, that 
one or more of the Commissioners on each Side, should sign 
the same Minutes, and exchange them. That the Defendant's 
Commissioners did then refuse to sign the same: and the said 
Michael Howard, on refusing to sign the same, said he would 
not do it, for that he did not know, if he did, but he might 
be called over to England to answer for it. And further saith 
that he hath looked on the Paper Writing now shewn to him, 
marked No. A. 1. and believes the same is one of the Minutes 
aforesaid, which the Defendant's Commissioners refused to 
sign, as aforesaid. That he knows not of whose Hand Writing 
the same Paper is, but was informed it was wrote by a young Man 
belonging to the said Michael Howard; That afterwards upon 
an Adjournment being proposed the Plaintiffs Commissioners 
desired, that it might be to a 'short Day, in regard the Year 
was far spent, and the proper Time for the Business, the Com- 
missioners had to do, would soon be over; To which the De- 
fendants' Commissioners answered, that by Reason of the pub- 
lick Affairs of the Province of Maryland, they could not at- 
tend before the 30th Day of the same Month of October ; where- 
upon the Commissioners, on both Sides, agreed to adjourn, to 
that Day, at Newcastle Town on Delaware, as the most proper 
Place to begin the said Business. 
Samuel Preston [Lib. B. Fol 312. Int. 67. Fol. 347. ] 

Gives the very same Account, as is just now given by Mr. 
Steel. 
Samuel Preston [Lib. B. Fol. 312. Int. 68. Fol. 355.] 

Adds materially, That at the said Meeting on 7th October it 



BOUNDARY QUESTION. 579 

•was agreed by the Commissioners on both Sides, that the first 
thing necessary to be done was, to meet at Newcastle to mark 
out the Circle mentioned in the Agreement. That the Plain 
tiffs Commissioners were ready on 7th October, and desirous, 
to proceed to Newcastle, to run the said Circle; but believes 
the Defendant's Commissioners were not then prepared for the 
same ; not apprehending it was design'd to proceed immediately 
to running any Lines; but then, shewed no Unwillingness to 
run the said Circle, and therefore all the Commissioners agreed 
to adjourn and meet at Newcastle aforesaid, on the 30th Oc- 
tober, for the Purpose aforesaid. Says he has looked on the 
Paper A. No 1. which he takes to be the Minute drawn by 
Howard and Charles, mentioned in his Answer to 67 Int. Does 
not know of whose Writing it is, but believes it was writ by 
a young Man of Michael Howard's. 
Note well. 

The Articles of Agreement between the Parties themselves, 
stipulated expressly that those very Parties should give the 
Commissions to their Commissioners, and that Clause was 
translated verbatim into the Body of the Commission itself; 
yet, Mr. Ogle fancied ours was not a good Commission unless 
some other Persons had joined in our Commission ; more than 
his own Master had stipulated for. 

Benjamin Tasker the Defendant' s Witness, cross examined [Lib. 
E. Fol. 49. Int. 22. Fol, 56, 23. Fol. 56, and 20. Fol, 63.] 
Says there were Articles of Agreement between the Plaintiffs 
and Defendant, of — May 1732. and that Commissions did issue 
from the Plaintiffs and Defendant, and Commissioners were 
thereby appointed for marking and laying out the Limits and 
Bounds, and that he was present at divers of the Meetings 
between the Commissioners, in the Capacity of one of the De- 
fendant's Commissioners; and to his best Remembrance there 
was no Proposal made, at any the Meetings he was present at, 
for appointing Clerks to take Minutes of the Commissioners 
Proceedings. But has heard, that at the first Meeting of the 
said Commissioners, which he was not at, such a Proposal was 
made for appointing such Clerks, but by whom it was made 
knows not, but believes it was not agreed to. And has heard 
it was then also proposed, (but by whom knows not) that a 
Commissioner on each Side should be appointed to take such 
Minutes, which was also not agreed to. 

Samuel Preston {Lib. B. Fol. 312. Int. 69. Fol. 358.] 

Says that Messieurs Ogle, Loyd, Howard, Bennett and Tasker, 
Commissioners for the Defendant, and all the seven Plaintiffs 
Commissioners met at Newcastle, on 30th October 1732, to pro- 



580 PENNSYLVANIA AND MARYLAND 

ceed according to their former Agreement, to run the Circle 
about Newcastle, mentioned in the Agreement; but the Com- 
missioners did not proceed therein, being stopt by the Defend- 
ant's Commissioners requiring to see the Grant of Pensilvania, 
and the Deeds of Feoffment, in the Articles mentioned, to see 
whether the said Circle, in them mentioned, agreed with the 
Circle mentioned in the Articles? The Plaintiffs Commissioners 
informed them they had met to execute the Articles of Agree- 
ment, and not to examine the Rights of the Plaintiffs and De- 
fendant. Yet, as it was in their Power, they would comply 
with their Desire ; and, accordingly, one of the Plaintiffs Com- 
missioners went to Philadelphia for them, and the Commis- 
sioners adjourned to next Day. 

James Logan [Lib. B. Fol. 76. Int. 69. Fol. 171.] 

Says much the same, and that the Commissioners were stopt 
from proceeding, by Governor Ogle's insisting that that Grant 
and those Deeds should be produced, which, says he, tho' mani- 
festly needless, in mgre Condescension to him was complied 
with. 

*Jame Steel [Lib. B. Fol. 559. Int. 69. Fol. 588.] 
Says nearly the same Thing. 

Andrew Hamilton. 

Proves this also, but he does it by enumerating this and many 
other Passages, as Evidences, that the Defendant's Commis- 
sioners did never intend to proceed. 

Note well, 

It will come out presently that Lord Baltimore was then 
hourly expected to arrive in Maryland: This Charter, and 
these Deeds of Feoffment, might, very probably, have been 
in England : if so, this Artifice of Governor Ogle's had stopt 
the Affair a fine Time, but unfortunately, for him, they hap- 
pen'd to be but 36 Miles off, at Philadelphia, and so might 
be, and were sent for, and that Attempt to spin out the Time 
defeated. 

Benjamin Tasker the Defendant's Witness and Commissioner, 
being cross examined, [Lib. E. Fol. 49. Int. 15. Fol. 65.] 

Says there was a Meeting of the Commissioners on 30th Oc- 
tober on both Sides, at Newcastle, and that they adjourned, 
but does not remember at whose Instance that Adjournment 
was proposed. 
Samuel Preston [Lib. B. Fol. 312. Int. 70. Fol. 360.] 

That the said Commissioners met at Newcastle 31st October 
in the Morning, and the Plaintiffs Commissioners produced the 
Grant of Pensilvania, and an Exemplification of the Deeds of 



BOUNDARY QUESTION. 581 

Feoffment, and upon comparing the said Articles with the said 
Grant and Deeds, it appeared the Description of the Circle in 
the said Grant and Deeds was truly recited in the Articles. 
Notwithstanding which, the Defendant's Commissioners in- 
sisted upon having Copies of the said descriptive Parts. And, 
altho' the Plaintiff's Commissioners thought that Demand un- 
reasonable — Yet — to remove all Objections, they gave the De- 
fendant's Commissioners those Copies. Then the Plaintiff's 
Commissioners proposed to begin to mark out the said Circle. 
To which the Defendant's Commissioners replied, They must 
take some time to consider thereof, and the Commissioners ad- 
journed to the Afternoon. 

James Logan {Lib. B. Fol. 76. Int. 70. Fol, 173.] 

Confirms the same with this Addition, that the Defendant's 
Commissioners desired to have the Copies of the descriptive 
Parts signed by the Plaintiffs Commissioners, which was done. 

* James Steel [Lib. C. Fol. 559. Int. 70. Fol. 590.] 

Was the Commissioner who went to fetch the Grant and 
Feoffments, and says the Exemplification of the Feoffments 
were under the Great Seal of New York. He also says that the 
Defendant's Commissioners demanded Copies of the descriptive 
Parts to be signed by the Plaintiffs Commissioners, and that 
it was objected to as entirely unnecessary, seeing the Defendant's 
Commissioners themselves had compared, and found the same 
exactly agreeable to the Articles ; but that the Plaintiffs Com- 
missioners gave them the required Copies signed. 

Andrew Hamilton. 

In his general Account says they at first demanded Copies of 
the whole deeds, which were very long. 

Samuel Preston [Lib. B. Fol. 312. Int. 71. Fol. 364.] 

That the Commissioners met again, at Newcastle, on said 31st 
October in the Afternoon. And the Plaintiffs Commissioners 
then proposing that the Commissioners should proceed to the 
marking and running out the Circle, as directed by the Agree- 
ment, the Defendant's Commissioners thereupon started a Diffi- 
culty about running the Circle, alledging that as the Articles 
had directed a Circle to be run, but had not fixed or ascertained 
where the Center should be, they apprehended it was not in 
their Power to fix such Center. The Plaintiffs Commissioners 
replied that, as both the Plaintiffs and Defendant had agreed, 
and had vested a Power in the Commissioners to mark and run 
out the Circle, they had likewise granted them the Means and 
full Power to find and fix a Center for such Circle, and to do 
everything necessary to the effectual running and compleating 



582 PENNSYLVANIA AND MARYLAND 

such Circle. And, amongst their Debates, the Plaintiffs Com- 
missioners said they apprehended that the said Articles of 
Agreement, and the Commissions thereupon, directed a Circle 
to be run at the Distance of 12 English Statute Miles from th e 
said Town, without including the said Town, but they the 
Plaintiffs Commissioners were so desirous of, and intent upon, 
the carrying the said Articles into Execution, that, the Affirm- 
ant believes, they would have consented to fix a Center, almost in 
any Part of the Town, that would please the Defendant's Com- 
missioners, to induce them to come into the running the said 
Circle. And, after some farther Debate, the Commissioners on 
each Side agreed to go out and walk about the Town, to see if 
they could find and agree upon a proper Place for such Centre; 
and accordingly, did walk about and view the Town with sev- 
eral of the principal inhabitants thereof, but not agreeing upon 
a Place for fixing such Center, they adjourned till next Morning. 

James Logan [Lib. B. Fol. 76. Int. 71. Fol. 175.] 
(rives much the like Account. 

-James Steel [Lib. C. Fol. 559. Int. 71. Fol. 593.] 

Gives the like Account, only adds that the Defendant's Com- 
missioners refused to proceed to run the Circle, for the Reasons 
above-mentioned. That the Plaintiffs Commissioners earnestly 
desired then to proceed, and told them it was then the After- 
noon of the last Day which the Articles had limited for begin- 
ning the Work. That the Defendant's Commissioners answered 
that the same was begun. That the Plaintiffs Commissioners 
insisted that Surveyors should suTvey the Town, in order to 
find the Center of the Town. To whirh Mr. Ogle answered 
there was no Occasion thereof, and proposed that the Commis- 
sioners should walk about the Town, which they did. 

Andreio Hamilton. 

Confirms the same in another Place, very strongly, and says 
that it was proposed to fix the Court-house for the Center, 
which was not one third of the Breadth of the Town from the 
River Side, but all rejected. 

Note well, 

This new Instance of affected Chicanery. The Feoffment 
granted, first the Town, and then all the Lands within the 
Compass or Circle of 12 Miles about the Town ; the Agreement 
was, that the Circle should be drawn at 12 Miles Distance from 
the Town. My Lord's own Mathematician, Mr. Senex, told 
him, in his written Opinion upon the Draft of that Agreement, 
that Newcastle was to be as a Center, and the Circle was to be 
drawn 12 Miles from the Town. Notwithstanding all this. 



BOUNDARY QUESTION. 583 

Mr. Ogle can't find a Center in the Town. To prevent a Dis- 
pute, we offer him a Center in the Town, and, by the way, 
take less than one Third of the Town to us, and give my 
Lord more than two Thirds of the Town itself, No ! That 
won't do. Nay, what says Mr. Preston? Why that we were 
so desirous to proceed, that we would have agreed to fix a 
Center almost in any Part of the Town. But that would not 
do. For if they had agreed on a Center, then, they must have 
proceeded. But, it's plain, Ogle had resolved they never 
should proceed one single Step. There cannot possibly be any 
stronger Proof of it, than this. When we had agreed to put a 
Center in the Town, and desired that Surveyors might survey 
it, in order to find the Center of it, He answers, No ! there is 
no Occasion. 
Samuel Preston, {Lib. B. Fol. 312. Int 72. Fol. 368. ] 

That the said Commissioners met again at Newcastle on 1st 
November 1732, in the Morning. And then Governor Ogle de- 
clared, he having advised both with Mathematicians and Law- 
yers, was not satisfied that the Commissioners had any Power to 
find or fix a Center for the Circle directed to be run by their 
Commissions and the said Agreement. And said further, that 
the Defendant himself, being expected to arrive in Maryland 
in a very short Time, he. therefore desired that they might 
adjourn, in order that he and the rest of the Defendant's Com- 
missioners, might, have an Opportunity, to consult his Lord- 
ship thereon ; and declared He did not doubt but my Lord 
would give some Directions to remove the Difficulty about the 
Center, or to that Effect. To which the Plaintiffs Commis- 
sioners answered, They were much averse to such adjourn- 
ment, but, since the Defendant's Commissioners seemed so 
pressing for it, they therefore desired to know what Time the 
Defendant's Commissioners proposed to adjourn to? And that 
they might have Time to consider of it; and then they ad- 
journed to the Afternoon. 
James Logan [Lib. B. Fol. 76. Int. 72. Fol. 177. ] 

Gives the same Account, only says that Ogle expected my 
Lord's Arrival every Day. 
Note well, 

The only two of the Defendant's original Commissioners 
who are examined, swear positively they never contrived, along 
with my Lord, to defeat the Articles before such Time as the 
Commissioners differed with each other. How should they? 
The Articles and Commission executed 10 and 12 May 1732, 
did not get to America till Middle of August. Then, or within 
a few Days after my Lord must have set out from hence on his 
Voyage, for he was expected, and actually arrived in Mary- 



584 PENNSYLVANIA AND MARYLAND 

land on 14 November 1732. A very pretty way they have 
taken to deny the Charge in our Bill, that they did, gen- 
erally, contrive together, to defeat the Articles, namely, that 
they did not so contrive, before such a particular Time. 
Samuel Preston, [Lib. B. Fol. 312. Int. 73. Fol. 371.] 

That the said Commissioners met in the Afternoon, and the 
Plaintiffs Commissioners then proposed and insisted that full 
Minutes might be taken of the Commissioners Proceedings; but 
the Defendant's Commissioners objected thereto, and insisted 
they were entirely needless. And says the Defendant's Com- 
missioners then proposed to have a long Adjournment, but he 
does not remember the precise Time, but remembers it was for 
a longer Time than the Plaintiffs Commissioners then cared to 
comply to, and then they adjourned to next Morning. 
James Logan. [Lib. B. Fol. 76. Int. 73. Fol, 180.] 

Confirms the foregoing, and says, the Maryland Commission- 
ers absolutely refused to have full Minutes, and proposed 
only short Minutes, to enter the Meetings and Adjournments. 
He remembers the Time proposed for Adjournment, and says 
Governor Ogle proposed to adjourn for three Months. That 
the Pensilvania Commissioners did not agree thereto, but de- 
sired Time to consider of it, and then the Commissioners ad- 
journed to next Day. 
Samuel Preston, [Lib. B. Fol. 312. Int. 74. fol. 373.] 

That the said Commissioners met the second of November 
1732, at Newcastle, and the Plaintiffs Commissioners then de- 
clared that altho' they had come there with a full Intent and 
Expectation to enter upon the Business of executing their Com- 
mission, pursuant to the Agreement, and were prepared with 
their Artists, and in full Readiness to go upon it, yet as the 
Defendant's Commissioners were so pressing to have an Adjourn- 
ment, and they the Plaintiffs Commissioners had so great an 
Opinion of the Defendant's Honour, that they did not doubt 
but he would give proper Directions to his Commissioners to 
remove the Difficulty that obstructed their pi-oceedings in the 
said Business ; They, therefore would comply to gratify the De- 
fendant's Commissioners in such Adjournment. And to the 
best of his Remembrance there was a Paper or Minute prepared 
by the Plaintiffs Commissioners of the Purport above said, and 
which was then publickly read at this Meeting by the Plain- 
tiffs Commissioners, or some of them. 
James Logan, [Lib. B. Fol. 76. Int. 74. Fol. 182. ] 
Confirms the foregoing Account. 

Andrew Hamilton. 

In his Account, given in another Form, confirms it also. 



BOUNDARY QUESTION. 585 

Note,— The Defendant's Commissioners have huddled up a 
short Minute to serve their turn, of a Meeting as upon 30th 
October, and Adjournment to 1 February ; to obviate which, 
please to take the following Answer. 

Samuel Preston, [Lib. B. Fol. 312. Int. 75. fol. 375.] 

That the several Transactions already mentioned by him, 
which are said to have happened, on 30 and 31st October, 
and 1 and 2 November 1732, at Newcastle, did happen on those 
several Days, and not on 30th October only. Says, He did not 
take any Minutes of the Proceedings of the Commissioners at 
Newcastle, but believes Messieurs Hamilton, Logan, and Charles 
took them. Can't say they were taken immediately after their 
several Meetings, but they were daily taken and shewn to all 
the Plaintiffs Commissioners, during the several Meetings of 
all the said Commissioners', and were by the said Plaintiff's 
Commissioners approved of. Does not know who wrote the said 
Minutes, but believes it was Mr. Charles ; and says, that on said 
2d November one of the Plaintiffs Commissioners produced to 
the Defendant's Commissioners certain Minutes, which had 
been taken and kept by the Plaintiffs Commissioners and Mr. 
Logan, or Charles, read the same to the Defendant's Commis- 
sioners, and has lookt on the Paper markt C, and knows not 
of whose Hand-writing the Body of it is, which is not signed, 
but takes it to be a Copy of the said Minutes which were read 
by the Plaintiffs Commissioners to the Defendant's Commis- 
sioners as aforesaid, and which he verily believes were true 
Minutes of the Proceedings of all the Commissioners at New- 
castle, as the said Minutes purported to be. Says, that after 
reading the said Minutes, the Plaintiff's Commissioners askt 
the Defendant's Commissioners whether they had any Objec- 
tions to make to the Truth of those Minutes? Governour Ogle 
replied, the Plaintiffs Commissioners had a right to take Min- 
utes, but he had nothing to say to them ; yet, if he had taken 
those Minutes, he could have placed the Arguments used by the 
Defendant's Commissioners in a stronger Light, or to that Ef- 
fect; and then said, he had taken Minutes, and pulled a Paper 
out of his Pocket, which he read, purporting the Meetings 
and Adjournment of the Commissioners at Newtown in Mary- 
land, and at Newcastle; to which the Plaintiffs Commissioners 
objected, as being two short and imperfect, or Words to that 
Effect. 

James Logan, [Lib. B. Fol. 76. Int. 75. Fol. 183.] 

Confirms all the forgoing. And says He did take Minutes, 
and that they were read to the Defendant's Commissioners, and 
the Paper C. is a true Copy of them, and contains true Minutes 



586 PENNSYLVANIA AND MARYLAND 

of the said Commissioners, from their first Meeting on 30th 
October to their Adjournment on 2d November. 

Samuel Preston, [Lib. B. Fol. 812. Int. 76. Fol. 381.] 

Says that on Governor Ogle's producing and reading the said 
Minutes, the Plaintiffs Commissioners objected to those Minutes, 
as containing something alledged to be said by the Plaintiff's 
Commissioners, which had never been said by them, but he 
can't remember the Particulars. 

James Logan, [Lib. B. Fol. 76. Int. 76. Fol. 187.] 

Who has just now said that he took Minutes, He says, that 
on 2d November Governor Ogle produced a Paper of Notes or 
Minutes, and gaA T e it to another of the Defendant's Commis- 
sioners to read, and the same was read, and the Import was, 
that five of the Defendant's Commissioners having met five of 
the Plaintiffs Commissioners, in pursuance of their last Ad- 
journment at Newtown, on the 30th of October, in order to 
proceed to the Execution of the 2d Article of the said Agreement, 
the Defendant's Commissioners desired a Sight of the Charter 
and Deeds of Feoffment ; to which one of the Plaintiffs Commis- 
sioners replied, that the Draft of the Commissions being perused 
by Counsel learned in the Law, and signed by the Proprietors 
on both Sides, the Recitals therein were sufficient, whether true 
or false. To which Minutes, when read, Mr. Hamilton, one of 
the Plaintiffs Commissioners, who had strenuously argued 
against the Necessity of such Demand of seeing the said Charter 
and Deeds, immediately answered, that there were no such 
Words as (whether true or false) used by him, or by any other 
of the Plaintiffs Commissioners; which was unanimously con- 
firmed by the whole Number of the Plaintiffs Commissioners 
then present. And, to this the said Governor Ogle replying, . 
that, if the said Words were not used, vet, what was said, was 
consequential of it. or to that Effect, put up his said Paper of 
Minutes in his Pocket, without offering to amend the same; 
and observing the Adjournment was agreed to, the Company 
rose and departed. 
Andrew Hamiliton. 

In his Account very largley confirms the foregoing. 

Note— Hitherto the Commissioners have met only six sev- 
eral Days, viz. at Newtown on 6th and 7th October, and at - 
Newcastle on 30th, 31st October, and 1st and 2d November. 
It may not be amiss to recapitulate the several Steps taken 
by Governor Ogle; 1st, Objected to our Commission, tho' 
granted according to the Agreement with my Lord. 2d, Re- 
fused to admit Clerks on the 7th October. 3d, Would not ex- 
change the Minutes while our Witnesses Mr. French and Mr. 



BOUNDARY QUESTION. 587 

James Hamilton were present. 4th, Refused to let a Commis- 
sioner on each side sign a Minute. 5th, In the proper Time 
for running the Lines, and that Season was expiring, proposed 
and insisted on an Adjournment from 7 to 30 October. 6th, 
Stopt the Work, and insisted to see the Charter and Feoff- 
ments. 7th, Wanted Copies of those Deeds after he had 
himself examined them. 8th, Would have those Copies signed 
by our Commissioners. 9th, Would not proceed then, they 
must take Time to consider. 10th, He had no Power to find 
the Center, ilth, Refused to let the Town be survey 'd, to 
find the Center of it, there was no Occasion he said. 12th, 
Refused our Offer to give him a Center in the Town, tho" 
we took less than one third, and gave him more than two 
thirds of the Benefit of the Town, and would have given him 
almost any Place. 13th, Proposes and insists on a three 
Months Adjournment, because my Lord was daily expected 
in Maryland. Ilth, Again refused that full Minutes should 
be taken, loth When his false Minutes were objected to, 
and in effect own'd by himself to be false, never amended 
them. 

All this during, indeed, only four Days' meetings, for the 
first Day, they did nothing at all, and the sixth Day, they 
only adjourned. 

Samuel Preston, [Lib. B. Fol. 312. Int. 77. Fol. 382.] 

Has heard and believes that Lord Baltimore arrived in Mary- 
land in November 1732, and continued in America till June or 
July following. 
James Logan, {Lib. B. Fol. 76. Int. 77. Fol. 191.] 

He was informed and believes Lord Baltimore arrived in 
Maryland in a short Time after the said 2d of November 1732, 
and as he thinks before the End of that Month ; and for a 
Reason of his belief, says that Governor Gordon about latter 
end of November, or beginning of December, received a Letter 
from the Defendant dated in Maryland, which Letter the Affirm- 
ant saw, and it appeared to be wrote by, or by Order of the 
Defendant, and to be sigend by him. And the Defendant as he 
was informed and believes, sailed from Maryland, on his Return 
from Maryland, some time in or about July following. 

My Lord in his own Answer, Admits he arrived in New- 
England in September, and in Maryland 14 November 1732. 

Samuel Preston, [Lib. B. Fol. 312. Int. 78. Fol. 382.] 

Says that Samuel Ogle and Calvert, Howard, Ward, Tasker 
and Jennings (who appeared by Vertue of a new Commission) 
the Defendant's Commissioners, and Mr. Norris, this Affirmant, 
and Messrs Hamilton, Steel and Charles, as the Plaintiffs Com- 
missioners, met. at Newcastle, on 1 February 1732, on which Day 



588 PENNSYLVANIA AND MARYLAND 

no Business was done by the Commissioners, but they adjourned 
to next Day, at the Court-Bouse in said Town. 

* James Steel, [Lib. C. Fol. 559. Int. 78. Fol. 597.] 

Confirms the same. 
Samuel Preston, [Lib. B. Fol. 312. Int. 79. Fol. 383.] 

Says, that the said Commissioners met, at the Court-Bouse 
at Newcastle, on 2d February ; when the Plaintiffs Commis- 
sioners asked the Defendant's Commissioners, whether Lord 
Baltimore had given them any Dh'ections concerning finding a 
Center for the Circle? They answered that he had not; for 
that he having entered into an Agreement, and delegated his 
Power to his Commissioners, he left the same entirely to them, 
and would not interfere. And the Affirmant believes the De- 
fendant's Commissioners did then r»ay, they had not sufficient 
Power to fix the said Center, as they had formerly said, and 
that it was waved. Thereupon the Defendant's Commission- 
ers said, Let us see whether we can agree upon the Circle? And 
then insisted that, by the Circle in the Articles mentioned, was 
intended a Circle of 12 Miles Circumference only. To which the 
Plaintiffs Commissioners replied, that they had nothing to do 
but to follow the Directions of the said Articles and their 
Commissions : By which it appeared that the said Circle was 
to be drawn at 12 English Statute Miles distance from the Town 
of Newcastle, and which they understood, was a Circle of 12 
Miles Radius. And the Plaintiffs Commissioners did insist 
that the Defendant's Commissioners should declare, whether 
they thought they had full Power to execute the said Agree- 
ment, or not? But does not remember what particular An- 
swer they gave to it. But the Defendant's Commissioners did 
shew a Readiness to run out such a Circle as they had said was 
intended by the said Articles, but did not think they had suffi- 
cient Power, by their Commission and the said Articles, to 
run the said Circle at 12 Miles Distance from the Town. 

Andrew Hamilton, 
In his Deposition speaks largely hereto. 

Samuel Preston, [Lib. B. Fol. 312. Int. 80. Fol. 387.] 

That the said Commissioners met, again, that Afternoon, 
and as well as he remembers it was proposed by the Defendant's 
Commissioners, seeing the Commissioners on each side could 
not agree concerning the Dimensions of the Circle, that they 
should consult Mathematicians thereon. Whereupon the Plain- 
tiffs Commissioners, altho' they thought they had not Power 
to depart from the Words of the Articles, upon the Opinions 
of any Mathematicians whatsoever, yet, considering they could 
not procure joint Minutes of their Proceedings to be taken, in 



BOUNDARY QUESTION. 589 

order to get some Evidence concerning those Proceedings, they 
consented to consult Mathematicians, as the Defendant's Com- 
missioners required. That then, the Plaintiffs (Commissioners 
insisted that the Question, to be proposed to the Mathemati- 
cians, should be reduced to Writing ; which after some Hesita- 
tion, was consented to, and a short Question was accordingly 
wrote by one of the Defendant's Commissioners. That then the 
Commissioners agreed to adjourn till next Morning, and some 
of the Commissioners then desired the Adjournment might be 
till eleven, and others desired it might be till ten o'clock, but 
the Affirmant cannot tell which of the Hours was agreed to. 
But says, the usual Hour of adjourning to before that time, 
had been generally, ten of the Clock; altho' upon an Adjourn- 
ment to that Hour, the Day before, the Defendant's Coinmis"- 
sioners had not attended till 11 o'Clock. And says, that the 
Plaintiffs Commissioners at those Meetings at Newcastle, had 
many times required of the Defendant's Commissioners to admit 
Clerks, to take Minutes of all their Proceedings, but the said 
Defendant's Commissioners always refused to consent thereto, 
and therefore, no Clerks were appointed to attend the said 
Commissioners, or to take down the said Minutes. 

* James Steel, [Lib. C. Fol. 559. Int. 80. Fol. 598.] 

Says positively that, at this Meeting the Defendant's Com- 
missioners again alledged that, as the Articles did not sufficiently 
fix the Center, they had not sufficient Power, by their Commis- 
sion to fix the said Center. Then he gives the like Account as 
Mr. Preston. And adds that at this Meeting, as well as at many 
others before, it was insisted upon and required, by the Plain- 
tiffs Commissioners, that Clerks should be admitted, to take 
joint Minutes, of the whole Proceedings and Actings, which 
was always, hitherto, and at this Time also, denied and refused 
by the Defendant's Commissioners. They always alledging 
that the same was needless and unnecessary. He remembers 
nothing more that past at this Meeting, but that the Commis- 
sioners adjourn'd till next Morning, some of them saying till 
ten, others eleven o'Clock. 

Andrew Hamilton, 
Speaks largely to the foregoing. 

Samuel Preston, [Lib. B. Fol. 312. Int. 81. Fol. 392.] 

Saith that Isaac Norris, this Affirmant Preston and James 
Steel, Commissioners for the Plaintiffs, and also, a Quorum of 
the Defendant's Commissioners, met at the Court-House, about 
eleven o'Clock in the Forenoon of 3 February 1732, pursuant 
to their last Adjournment; but Messrs Hamilton and Charles, 



590 PENNSYLVANIA AND MARYLAND 

two others of the Plaintiffs Commissioners then at Newcastle, 
were not then come into the Room. And Governor Ogle, im- 
mediately, proposing that, as there was then a Quorum of the 
Commissioners on each side present, they should proceed to 
Business: to which the Plaintiffs Commissioners then present 
answer'd, that there were some others of the Plaintiffs Com- 
missioners that they expected would be there instantly, and 
just then, the said James Steel, happening to be called out of 
the Room, and Governor Ogle observing it, said to the Pensil- 
vania Commissioners, Gentlemen, I observed just now you were 
a Quorum, but now here are not enough to go upon Business. 
Whereupon, the said Isaac Norris stept out of the Room to send 
away the said James Steel (as the said Isaac Norris at his Return, 
told this Affirmant) to hasten the said Andrew Hamilton and 
Robert Charles ; which the said Governor Ogle, likewise observ- 
ing, said, to the Affirmant, Now, here is another of your Com- 
missioners gone, and seemed to be much displeased at the Plain- 
tiffs Commissioners for making him wait so long, and Governor 
Ogle, some short time after, looking upon his Watch, said, it 
was past twelve o' Clock, and that as there was not then a 
Quorum of the Plaintiffs Commissioners there to proceed upon 
the Business, he would stay no longer, and went away out of 
the Room, and the rest of the Maryland Commissioners soon 
after followed him ; and saith that, when Governor Ogle looked 
at his Watch, and said it was past twelve o'Clock, as above 
mentioned, the Affirmant, at the same time, look'd upon his 
Watch, and very well remembers, that it then wanted near an 
Half an Hour of 12 o'Clock, and that he told the said Governor 
Ogle so ; but the said Governor Ogle then told this Affirmant, 
that his Watch was too slow, tho' this Affirmant is satisfied his 
Watch was pretty right, he having, that Morning, set it by a 
good Clock. And saith, that, just as the said Governor Ogle 
went out of the Room, the said Isaac Norris (having staid out but 
a few Minutes) returned. And saith that those of the Plaintiffs 
Commissioners who were at Newcastle on the said 3d of 
February, and did not attend the Meeting of the Commission- 
ers that Forenoon, did not, (as he is well assured) wilfully 
absent themselves, with intention not to meet; for that they 
were, all that Forenoon, and likewise some part of the Night 
before, imployed, in preparing a Wi'iting which they thought 
necessary to be read and delivered to the Maryland Commis- 
sioners at that Meeting. And saith, that immediately after the 
Maryland Commissioners had so left the Room, and the said 
Isaac Norris and the Affirmant were also going away from thence 
(to the best of the Affirmant's Remembrance) they met the said 
James Steel and some other of the said Pensilvania Commis- 



BOUNDARY QUESTION. 591 

sioners, who had been absent as aforesaid, coming up to the 
said Room, in order to attend the said Meeting of the Commis- 
sioners ; which the Affirmant believes was not above a quarter of 
an Hour after the said James Steel, had so left the said Room, to 
fetch the said Pensilvania Commissioners as afore set forth. 
And further saith that, upon th3 said James Steel and Isaac 
Norris going out of the Room, and Governor Ogle's offering 
thereupon to break up the Meeting aforesaid, the Affirmant 
desired the said Governor Ogle not to be uneasy, for that he 
the Affirmant believed the said James Steel and Isaac Norris 
were only gone out to hasten the said other Pensilvania Com- 
missioners, or to that Effect, and saith, that at the Meeting 
of the Commissioners on the day before this Meeting, the Pen- 
silvania Commissioners had waited for the Maryland Commis- 
sioners as long after the Hour of Adjournment, as they had 
waited for them the said Pensilvania Commissioners at this 
Meeting. And verily believes, that the genuine true Reason 
why the said Maryland Commissioners did so depart and break 
up the said Meeting, was, that they were not desirous, nor did 
intend, to proceed upon putting into Execution, the Business 
they were directed to do by their Commissions, and the said 
Articles of Agreement; for that in the Afternoon of the said 
3d qf February, when this Affirmant and the said Isaac Norris 
went to the said Maryland Commissioners to desire them to 
meet again, Governor Ogle then complained that the said Pen- 
silvania Commissioners had been negligent in Meeting, and said 
he apprehended it was done with Design; that, if the Case was 
his own, he would be very ready to oblige any Gentlemen, but 
as it was an Affair of the Lord Baltimore's and he conceived 
the Plaintiffs Commissioners had given him an Advantage, he 
should not look upon it to be just to his Constituent, if he did 
not make use of it, or to that Effect. 

* -Jam.es Steel, [Lib. C. Fol 559. Int. 81. Fol. 601.] 

That a Quorum of the Commissioners for the Plaintiffs, viz. 
Isaac Norris, Samuel Preston, and this Affirmant and also a 
Quorum of the Commissioners for the Defendant met, at the 
Court- Ho use, between 10 and 11 of the Clock in the Forenoon 
of the 3d of February 1732, but remembers that Andrew Ham- 
ilton and Robert Charles, two other of the Plaintiffs Commis- 
sioners, tho' then in the said Town, were not present when the 
rest of the said Commissioners first met as aforesaid, that Fore- 
noon. And saith that the said Andrew Hamilton and Robert 
Charles, did not wilfully stay away, or absent themselves, from 
that Meeting, with Intention not to meet,»they being, all that 
Morning, and the Foi-enoon, busy and employed in drawing up 



592 PENNSYLVANIA AND MARYLAND 

and copying, a Paper, in answer to a Query the Defendant's 
Commissioners had given in to the Plaintiffs Commissioners at 
their Meeting the Day before, and for other Purposes therein 
comprised, which was thought necessary by the Plaintiffs Com- 
missioners to be laid before the Defendant's Commissioners at 
that Meeting. That soon after the said Quorums of the Com- 
missioners met as aforesaid, and before they sat down to Busi- 
ness, a Messenger came into the Room from the said Andrew 
Hamilton and Robert Charles to this Affirmant, desiring him 
to bring them the Articles of Agreement between the Plaintiffs 
and the Defendant ot the 10th of May 1732, which was then, and 
had for some time, before, been, in this Affirmant's Custody, 
the same being then wanted by the said Andrew Hamilton and 
Robert Charles, to supply and fill up some Blanks in the said 
papers, which they were preparing as aforesaid. And thereupon 
the Affirmant (having first acquainted the rest of the said Com- 
missioners then present with the said Message, and the Reason, 
of his going) went out of the Room where the said Commis- 
sioners were met. And the said Isaac Norris followed him to 
the Door, to desire him to hasten the said Andrew Hamilton 
and Robert Charles to the said Meeting; and then the said 
Isaac Norris immediately returned into the Room to the rest of 
the said Commissioners. And this Affirmant proceeded, with 
what speed he could, to the said Andrew Hamilton and Robert 
Charles, and after staying about an Hour with them, to fill up 
the Blanks and compleat the said Paper, this Affirmant returned, 
with the said Andrew Hamilton and Robert Charles, in order 
to attend and go upon Business with the rest of the said Com- 
missioners at that Meeting: and being got upas far as the 
Green, near the said Court -House, they there met the said Isaac 
Norris and Samuel Preston, coming out of the said Court House 
who, telling them, the Maryland Commissioners wera gone 
away from the Court-House, they were obliged to turn back, 
tho' it was then but between 11 and 12 o'oclock. And the Affirm- 
ant saith, that the Reason alledged by the Defendant's Com- 
missioners for their breaking up the said Meeting was, (as the 
Affirmant in informed) because there was not a sufficient Quorum 
of the Plaintiffs Commissioners to go upon Business, occasioned 
by this Affirmant's going out of the Room upon the said Mes- 
sage, to the said Andrew Hamilton and Robert Charles as afore- 
said. That the Affirmant very well remembers that the Plain- 
tiff's Commissioners had, the day before, waited on the Defend- 
ant's Commissioners after the Hour of Adjournment, full as long 
a Time, as this Affirmant was absent from the said Meeting in the 
Forenoon of the said 3d of February, on the said Message to the 
said Hamilton and Charles as before set forth. And saith that, 



BOUNDARY QUESTION. 593 

as he this Affirmant conceives and believes, the true and genuine 
Reason why the said Maryland Commissioners had so broke up 
and departed from the said Meeting as aforesaid was, because 
they imagined, that thro' this Affirmants Absence on the said 
Message, and there not being a Quorum of the Plaintiffs Com- 
missioners left, they had got such an Advantage, as they could 
thereby avoid proceeding any farther in the Execution of their 
Commission and the said Articles. And further saith that, 
after the said Defendant's Commissioners so breaking up the 
said Meeting, he this Affirmant was told, by the said Isaac 
Norris and Samuel Preston, that thoy had continued with the 
said Maryand Commissioners during the Affirmant's Absence on 
the Message, aforesaid, and had entreated and very much pressed 
the said Maryland Commissioners to stay, and not depart from 
the said Meeting, for that he the said Affirmant, and the rest of 
the Plaintiffs said Commissioners would soon be there, or to 
that Effect. 

Andrew Hamilton, 
In his Account, speaks largely to some of the foregoing 

Matters. 

Samuel Preston, {Lib. B. Fol. 312. Int. 119. Fol, 448.] 

That in his Opinion the Spring and Fall are the properest 
Seasons for running out Lines in the Woods, when such Run- 
ning is to be continued for Weeks or Months at a Time. Has 
not been conversant with surveying in the Woods, and there- 
fore can't say how long Time it would require to run and mark 
out the Circle and Lines mentioned in the Articles; but verily 
believes there was sufficient Time to do the same, between the 
first Meeting of the Commissioners, and the 25 of December 1733. 
That, when the Commissioners on both sides met on 1st, 2d, 
3d February 1732, at Newcastle, in order to carry the said Arti- 
cles into Execution, it was very cold and severe Weather. And 
in this Affirmant's Opinion, the Absence of the Commissioners, 
on eithsr side, for an Hour or two on said 3d of February, could 
not be such a Hindrance, as to prevent the Execution of the 
Articles, within the Time limited by the same. 

* James Steel, [Lib. C. Fol. 559. Int. 119. Fol, 576.] 

He also says the Spring and Fall are the properest Seasons, 
when the Work is to continue for a length of Time, and believes 
that, to run and mark out the Circle, and the several Lines 
agreed on by the Articles, would at least requii-e three Months. 
He says that on 1st, 2d, and 3d February 1732, it was extreme 
cold and severe Weather, and the Creeks being frozen over, 
38— Vol. XV. 



594 PENNSYLVANIA AND MARYLAND 

and the Ground covered with Snow, and that the Absence, or 
Non-Attendance, of the Commissioners, on either side, for an 
Hour or two beyond the Hour of the Adjournment, on any of 
those Days, could not, in his Judgment, be such a Prejudice 
or Hindrance to the Execution of the Articles, as that the said 
Circle and Lines could not, by reason of such Absence of Non- 
attendance, be run, markt or laid out, within the Time limited 
by the Articles. 

Benjamin Tasker, the Defendant' s. Commissioner and Witness, 
but cross examined [Lib. E. fol. 49. Int. 19. fol. 70.] 
Is but little acquainted with, and can't well judge, what are 
the fittest Seasons to run and mark Lines in the Woods, but 
believes the Month of October is the properest Season for that 
Work. That the running and marking the Circle and Lines, 
pursuant to the Articles, would, in his Judgment, have taken 
near 3 Months. That at the Meetings of the Commissioners at 
Newcastle on 1st, 2d, 3d February, the Weather was very un- 
pleasant, there being then a great Snow upon the Ground, and 
a Thaw upon that. That the Non-attendance, or Absence of 
the Commissioners on either side, for an Hour or two beyond 
the Time of Adjournment, could not make any Difference, or 
prevent the running the Lines within the Time for that pur- 
pose limited in the Agreement. 

Note — Why then, did they, so often, refuse our repeated 
Requests to proceed? 

* James Steel, [Lib. C. fol. 559. Int. 82. fol. 610.] 

That very soon after breaking up of the Defendant's Com- 
missioners as aforesaid, the Plaintiffs Commissioners sent a 
verbal Message by Robert Charles one of the Plaintiffs Com- 
missioners, who was accompained by John Georges deceased, 
to the Defendant's Commissioners, acquainting them, that 
some Business might be done before Dinner was ready, and 
therefore they desired them to meet the Plaintiffs Commission- 
ers, immediately, in the said Court House, to proceed in the 
said Business; That in a short time after, the said Robert 
Charles and Georges returned, and the said Charles said he had 
acquainted Mr. Ogle and some others of the Defendant's Com- 
missioners, with the said Message, and that Mr. Ogle had refused 
to meet the Plaintiffs Commissioners, alledging for Reason, 
that if any Advantage had accrued to Lord Baltimore, by the 
Failure of the Plaintiffs Commissioners that Morning, he could 
not answer it to his Lordship to give it up. 

Andrew Hamilton, 
Speaks to this first verbal Message. 



BOUNDARY QUESTION. 595 

John Georges' $ 

Deposition signed by him, he being proved dead, you have 
among the Written Evidence. 

Samuel Preston {Lib. B. fol. 312. Int 83. fol. 408.] * James Steel 
[Lib. C. fol, . 559. Int. 83. fol. 612. ] 
Say that, after the Return of Robert Charles, all the Plain- 
tiffs Commissioners, except Mr. Hamilton who was indisposed, 
and all the Defendant's Commissioners, dined together, at 
Newcastle, in a friendly manner, that 3d of February. 

Samuel Preston, [Lib. B. fol. 312. Int. 82. fol. 403. ] and [Int. 84. 

fol. 409.] 
Says that on the same Day, in the Afternoon, about 4 o'clock, 
Mi\ Norris and the Affirmant waited on three of the Defend 
ant s Commissioners, of which Ogle and Jennings were two, at 
their Lodgings in the Town, and informed them, that what 
had happened in the Morning, was occasioned by the Indisposi- 
tion of one of the Plaintiffs Commissioners with the Gout, and 
other Accidents, and not with any design to avoid the Execu- 
tion of the Commission, and therefore requested them to meet 
the Plaintiffs Commissioners, immediately, or that Afternoon, 
to proceed in the Execution of the Commission : To which Ogle 
answered, that the Plaintiffs Commissioners had been negligent 
in not meeting, and he apprehended it was done with Design; 
That, if the Case was his own, he should be very glad to oblige 
any Gentleman, but as it was an Affair of Lord Baltimore's, 
and he conceived the Plaintiffs Commissioners had gi r en him 
an Advantage, he should not look upon it to be just to his 
Constituent, if he did not make the Use of it, or to that effect. 
Upon this some of the Pensilvania Commissioners, of which 
Mr. Hamilton was one, came into the Room, and then Jennings 
took up his Hat and walkt out of the Room. [Very artfully 
done! For, otherwise, there would then have been a Quorum 
on each Side] Then Mr. Hamilton said, Gentlemen, We have 
done no Business, this Morning. I have been at the Place of 
Meeting, and expected to see you there, shall we go now about 
the Business? To which Mr. Ogle replied, the Plaintiffs Com- 
missioners had been negligent, and therefore the Defendant's 
Commissioners did not intend to meet them again. To this 
Mr. Hamilton said, that the Plaintiffs Commissioners had 
waited for the Defendant's Commissioners, the Day before, as 
long a time as they had waited for them on that, and yet, had 
not offered to take any Advantage, and therefore did not think 
it was fair for the Maryland Commissioners to attempt to take 
this Advantage now. And there upon Mr. Hamilton delivered 
a Paper- Writing to Mr. Ogle, which had been prepared to be 



596 PENNSYLVANIA AND MARYLAND 

delivered to the Defendant's Commissioners in the Morning; 
upon which Paper, when Ogle had slightly lookt, he said here 
take your Paper, I have nothing to do with it. To which Mr. 
Hamilton replied, Sir, It's yours, you have it; and thereupon, 
Ogle thing the said Paper down in a Chair or Window, and the 
Plaintiff Commissioners departed. And says that that Paper 
contained Reasons, given by the Plaintiffs Commissioners, why 
the Circle should be extended to the Distance of 12 Miles from 
the Town, and a Declaration of the Willingness of the Plaintiffs 
Commissioners to proceed in doing the same, and a peremptory 
Demand of the Defendant's Commissioners, whether they would 
join therein? And that Paper was signed by Messieurs Norris, 
Hamilton, Steel, Charles, and this Affirmant Preston. 

* James Steel, [Lib. C. fol, 559. Int. 84. fol. 612.] 

Confirms the last foregoing Account, and adds, that when 
Ogle would have returned the Paper, he said they could do 
nothing, there not being a Quorum of the Defendant's Com- 
missioners present. And says that when Hamilton offered the 
Paper to Ogle, Jennings took up his Hat, and walkt out of the 
Room, which this Witness verily believes was done to avoid a 
Quorum of the Defendant's Commissioners being present, lest 
this should be construed a Meeting of the Commissioners. He 
also confirms Mr. Preston throughout. And adds, moreover, 
that Mr. Hamilton x^equested Ogle and Calvert to appoint any 
Place for the immediate Meeting of the Commissioners on both 
sides, and the Plaintiffs Commissioners would meet them accord- 
ing to such Appointment; but that Ogle replied, he could not 
consent to any other Meeting, because it would wave the Advant- 
age he conceived Lord Baltimore had gained. That, thereupon, 
Mr. Hamilton offered to Ogle and Calvert a Written Notice 
signed by the Plaintiffs Commissioners, and directed to all the 
Defendant's Commissioners, requiring them to meet the Plain- 
tiffs Commissioners at 6 o'Clock that Evening, at the said Court 
House; which Notice Ogle and Calvert refusing co receive. 
Hamilton laid it clown, on the Table or Chair, before them, and 
then the Plaintiffs Commissioners departed. And says, that- 
very soon afterwards he was informed and believes, that the 
rest of the Defendant's Commissioners were acquainted with 
the said Service of the said Notice, and were required to attend 
according to the Purport of the same Notice. 
Andrew Hamilton, 

Confirms all this, after Dinner, 'on the 3d of February. 
Benjamin Tqsker, the Defendant" s Witness and Commissioner 
cross-examined [Lib. B. fol. 49. Int. 80. fol. 68.] 
That after the Commissioners of Maryland parted from two 



BOUNDARY QUESTION. 597 

jf the Pensilvania Commissioners, between the Hours of Twelve 
and One, on 3d February 1732, at the Court-House in Newcastle, 
this Deponent, and as he heard, the rest of the Maryland Com- 
missioners then at Newcastle, were in the Evening of that same 
Day requested by the Pensilvania Commissioners, to meet again, 
in order to proceed on the Business of running the Lines ac- 
cording to the Articles of Agreement. 

Benjamin Eastbum, {Lib. C. Fol. 678. Int. 84. Fol. 711.] 

Says that on 3d February 1732, about Three in the Afternoon, 
he heard Robert Charles, one of the Plaintiffs Commissioners 
read a written Paper to Ogle and Calvert, two of the Defend- 
ant's Commissioners, purporting to be a Notice from the Plain 
tiffs Commissioners to the Defendant's Commissioners, to meet 
the Plaintiffs Commissioners, that Evening, at 6 o' Clock, at 
the Court House. That after reading the said Paper the said 
Charles offered to deliver the same to the said Ogle, which the 
said Ogle refusing to receive, the said Charles laid the same 
down on a Chair. This Deponent does not know by whom the 
said Paper was signed. . And very soon after, this Witness heard 
Charles give verbal Notice to Ward, Howard, Tasker and Jen- 
nings, four of the Defendant's Commissioners, to meet the 
Plaintiffs Commissioners that Evening at Six o'clock in the 
said Court-House; To which some of them replied, It's very 
well, Gentlemen, or to that effect. That the Plaintiffs Com- 
missioners afterwards did meet, in the said Court-House, at 
the appointed Hour, and there continued two or three Hours, 
but the Defendant's Commissioners or any of them did not ap- 
pear there. 

Samuel Preston, {Lib. B. fol. 312. Int. 85. Fol. 411.] 

Says that four of the Plaintiffs Commissioners on the said 3d 
of February signed Notices to Ogle, Caivert, Howard, Ward, 
Tasker, and to the best of his Memory, Jennings, the Defend- 
ant's Commissioners then in Newcastle, requiring them to meet 
the Plaintiffs Commissioners at the Court House at 6 that 
Evening: which Notices he believes were delivered to three or 
more of the Defendant's Commissioners. He also says that the 
Plaintiffs Commissioners met at the Court House, at the said 
appointed Hour, and there attended till about 8 ; but the De- 
fendant's Commissioners, or any of them, did not appear, or 
to his Knowledge, send any Message. He is not certain at what 
Hour the Notices were said to be delivered, but says it was 
some time before Six. And adds, that the Defendant's Com- 
missioners continued in Newcastle from the time of serving the 
said Notices until the 4th Day of the said Month. 



598 PENNSYLVANIA AND MARYLAND 

* James Steel, [Lib. C. fol. 559. Int. 85. fol. 320.] 

Says that the Plaintiffs Commissioners met at Six as afore- 
said and attended till 8, and the Defendant's Commissioners, 
though then in the Town, neither came or sent. That the said 
3d of February happened on a Saturday. And he adds That, 
after the Plaintiffs Commissioners returned from the said Court- 
House at Eight o'Clock the said Evening, they thinking it 
proper and necessary to sign and serve the Defendant's Com- 
missioners, who were then still in the Town with fresh Notices, 
to meet them on the Monday following, at 10 in the Forenoon, 
at the said Court-House, sent Robert Charles and Mr. Georges, 
in order to serve such Notices upon all the Defendant's said 
Commissioners ; but Ogle refusing to be seen by Charles (as he 
upon his Return to the Plaintiffs Commissioners informed 
them) they, thereupon, sent a Person again, that same Evening, 
to serve the said new Notices upon the rest of the said Mary- 
land Commissioners; and which were accordingly that same 
Evening personally served upon the said Charles, Calvert, Jen- 
nings and Tasker (as the said Person upon his Return acquainted 
this Affirmant and the rest of the Plaintiffs Commissioners) 
and that the said Howard had also a Copy of the same Notice 
left for him, at his Lodgings, and whch afterwards came to his 
Hand that same Evening, as this Affirmant believes, and was 
informed. 
Samuel Preston, [Lib. B. Fol. 312. Int. 86. Fol. 413.] 

He confirms what is said by Mr. Steel, rather more positively, 
as to the signing and serving that new Notice, for Monday the 
5th of February. 
John George. 

Signed Deposition (he being dead) amongst the written Evi- 
dence, speaks to this Notice. 

Andrew Hamilton. 
In his Account also speaks largely hereof. 

Benjamin Tasker, the Defendant's Witness and Commissioner 
cross-examined [Lib. F. fol. 49. Int. 31. fol. 69.] 
Says that this Deponent, and as he believes, the rest of the 
Maryland Commissioners, were on the said 3d Day of February, 
served with a Notice in Writing to meet the Pensilvania Com- 
missioners for the Purposes aforesaid, on the then Monday fol- 
lowing. And says that he did not avoid being served with such 
Notice, nor did any of the rest of the Maryland Commissioners, 
to his Knowledge, endeavour to avoid being served with such 
Notice. 

Did they attend according to the Notice?. 
That our Depositions will immediately answer. 



BOUNDARY QUESTION. 599 

Gideon Griffith [Lib. B. fol 279. Int. 118. f of. 280. J 

Has heard that there were Articles of Agreement between the 
Parties, and has seen and read a printed Paper, which he was 
informed was a Copy thereof, and has heard that such and such 
Persons were appointed Commissioners on each side respect- 
ively, for executing the said Agreement. And says that Mes- 
sieurs Norris, Hamilton, Charles, Steel, and another Person, 
whose Name he does not remember, as Commissioners on the 
Part of the Plaintiffs, met the said Ward, Tasker, and some 
others, whose Names he can't remember, at the Court House 
in Newcastle on 1st or 2d of February 1732, in order to carry 
the said Agreement into execution, as he heard ; but knows not 
whether they proceeded in the Execution of the same, or not, 
And says he has neither heard or believes that the Pensilvania 
Commissioners when at Newcastle in the said Month of Feb- 
ruary, ever did refuse to meet the Defendant's Commissioners 
at the usual Place of Meeting in the said Town, to proceed in 
the Execution of the said Agreement, but has heard that the 
Defendant's Commissioners did then and there refuse to meet 
the Plaintiffs Commissioners, because the said Steel one of the 
Plaintiffs Commissioners had neglected to meet at the Time or 
Hour appointed for Meeting, as he had heard. [Fol. 285.] That 
afterwards, on 3d February 1732, this Deponent offered to de- 
liver three several Notices in Writing, signed by the said Plain- 
tiffs Commissioners, to Jennings, Tasker and one other (who 
he thinks was Michael Howard) Commissioners on the Defend- 
ant's Part, purporting, that as the Maryland Commissioners 
had refused meeting the Pensilvania Commissioners according 
to a former Notice given, the Plaintiffs Commissioners were 
willing to meet them on Monday the 5th of that Instant Nov- 
ember, at 10 in the Forenoon, to proceed to the Execution of 
their respective Commissions, which Notices the said Jennings, 
Tasker, and the said other Person refused to receive, saying 
they would not receive any Papers from the Pensilvania Com- 
missioners. That the Deponent then acquainted the said Jen- 
nings, &c. that the Pensilvania Commissioners had desired him 
to acquaint them, that they would meet them at another time, 
in order to proceed to Business, or to that effect, and thereupon 
left the said three written Notices, on a Table, in the same Room 
with the said Jennings, Taskev, and the said other Commis- 
sioner, whereon the said Jennings was then writing. And says 
that, next Morning, being Sunday 4th February aforesaid, the 
Defendant's Commissioners went out of Newcastle, and did not 
meet the Plaintiffs Commissioners on the said 5th of February 
but the Pensilvania Commissioners did attend at the same Town 
on that day, according to the Notice aforesaid. 



600 PENNSYLVANIA AND MARYLAND 

Samuel Preston [Lib. B. fol. 312. Int. 87. fol. 415.] 

Says that 4 or 5 of the Plaintiffs Commissioners met at the 
Court- Ho use on the said 5th of February pursuant to the said 
Appointment, bur none of the Defendant's Commissioners at- 
tended, they having left the Town the day before, as the Affirm- 
ant understood and believes. 

* James Sttel. [Lib. C. fol. 559. Int. 87. fol. 623.] 

Confirms Mr. Preston, with this Addition, that the Plaintiffs 
Commissioners when they so met, staid till 12 at Noon. 

You will please to remember, that we in our Bill fol. 304. 
particularly charge, that upon 15th February 1732, after 
the Maryland Commissioners had run away from New- 
castle and refused to meet our Commissioners, though 
so many times required, both by verbal and by written 
Notices, my Lord himself writ a Letter to Governor Gor- 
don, one of our Commissioners (who is proved to be since 
dead) reviving the Meetings, and appointing, by his own 
Act and Deed, that we should run away to Joppa) in order 
to fix a Center somewhere in Newcastle Town, and ap- 
pointing that new Meeting for the 7th of May. Mr. Gor- 
don being proved to be dead, we could not get that Letter 
to prove, but my Lord himself in his Answer fol. 316. 
precisely and sufficiently admits his writing and sending 
that Letter. 

We were then to suppose that he really intended the Com- 
missioners should meet again to execute the Articles. 

But you'll please to remember the Copy of the written 
Letter from Governor Ogle of the 8th of March markt 
No. 2. and the Copy of the printed Advertisement of the 
21st of March 1732, markt No. 1. (both pending that Ap- 
pointment of my Lord's) which are mentioned, according 
to their Dates, in the state of our written Evidence. 

Now we come to apply our Proofs to them, and to bring 
them home to my Lord Baltimore himself, and to shew 
what a Part he acted while he himself had revived the 
Meetings. 

Hugh Jones, of Maryland, Clerk, my Lord's own Witness, cross- 
examined [Lib. E. fol. 5. Int. 12. fol. 7.] 
Is uncertain whether he has seen any written Advertisement 
of the same tenor or Date of the printed Exhibit markt No. 1, 
but has seen a printed Advertisement of the same Tenor and 
Date therewith. That he saw it in the Year 1732, when my Lord 
Baltimore was in Maryland : That he received it from Lord 
Baltimore, or from William Parks, then a Printer at Annapolis, 
but is uncertain from which of them. 



BOUNDARY QUESTION. 601 

The Same [Int. 13. fol. 8.] 

To the best of his Remembrance, he did send one or more 
Advertisements of the Tenor and Date of that produced, to be 
set up upon the Borders of the three lower Counties; and that 
he sent them, at the Request of Lord Baltimore, with Intent 
to notify to any People who held Lands within the Province 
of Maryland [He tells us by and by, that he thinks the lower 
Counties, and even Philadelphia itself, is in Maryand] under 
any other than the Proprietor of Maryland, that they should 
apply in Time to Matthew Tilghman Ward, the Agent of the 
same Proprietor. 
The Same [Int. 14. fol. 9.] 

That by the Words (the Right Honourable the Lord Proprie- 
tor) in the said Exhibit No 1. The Lord Baltimore was meant. 
And apprehends that the Persons described in the said Exhibit 
by the Words (pretending to hold Lands by vertue of any Pat- 
ents or Grants not deriving the same from the present Proprie- 
tor or his Ancestors) were meant such as held Lands by Grants 
from the Duke of York, or the Proprietors of Pensilvania, or 
by Purchases from the Indians, which had been taken up under 
Maryland Rights before. 

Note, Benjamin Tasker [Lib. E. fol. 49 Int. 14. fol. 53.] 

Says that by the Words Lord Proprietor in the said Exhibit, 
was intended the Defendant in this Cause. 
The Same [Int. 15. fol. 10.] 

That he knows there is an Officer in Maryland, called and 
known by the Name of the Lord Proprietor's Agent, whose 
Business he is not acquainted with, either in respect to Lord 
Baltimore, or others. 
The Same [Int. l<\. fol. 11.] 

That he apprehends that Matthew Tilghman Ward, was 
Agent to Lord Baltimore on 8th March 1732, and supposes that 
John Ross was at that time Deputy to the said Agrent. 
The Same [Int. 32. fol. 11.] 

That Lord Baltimore did arrive in Maryland, from Great 
Britain, as he believes in the latter End of the Year 1732, and 
resided chiefly at Annapolis while he staid in the same Prov- 
ince, but does not remember when he departed from the said 
Province on his Voyage to Great Britain. 
The Same [Int. 33. fol. 12.] 

That Samuel Ogle is generally i*eputed to be Governor of Mary- 
land under Lord Baltimore, and was esteemed as Governor 
about 7 Months before Lord Baltimore's Arrival in Maryland, 
and from the Time of Lord Baltimore's Departure from the 
Province to this Time. And that the said Samuel Ogle resided 



602 PENNSYLVANIA AND MARYLAND 

principally at Annapolis in the Years 1731, 1732 and 1733, and 
ever since, to this Time, except Part of a Summer in Baltimore 
County. 

The Same [Int. 34. fol. 13.] 

That he knows the Lord Baltimore and Samuel Ogle both 
lived in Annapolis a Part of the Time that Lord Baltimore was 
in Maryland, and believes that they principally resided there 
during all that time. 

The last Matter is Confirmed by Benjamin Tasker [Lib. E. fol. 
49. Int. 34. fol. 72.] 

The Same [Int. 35. fol. 14.] 

That he is acquainted with Governor Ogle's Hand-Writing, 
and has received several Letters from him, particularly one 
dated, as he believes, about 8th March 1732. "Which Letter, or 
a true Copy of it, he sent either to Mr. Loyd, or Mr. Vanbeb- 
ber, to shew, to some of their Friends in Newcastle County. 
That such sending the said Letter, or a Copy thereof, was, as 
he remembers, at the Instance of the said Governor Ogle, with 
Intent to be shewn to Friends of the said Loyd or Vanbebber 
in Newcastle County. That some time after he wrote an Ac- 
count of what he had done, to Governor Ogle, but received no 
Answer concerning the same, nor had any other Conversation 
with him, that he remembers relating thereto. 

The Same [Int. 36. fol. 15. ] 

That the Hand-writing, for Attestation at the Bottom of the 
Copy of the Letter now shewn to him, No. 2. is the Hand writing 
of the Deponent. And the whole Endorsement upon the said 
Letter was wrote by this Deponent. And the name Hugh Jones 
is of this Deponent's Hand- writing, and stands for his proper 
name. That by the Word (Friends) in the Endorsement of the 
said Letter, he meant the Goodwins and others who lived near 
Apoquinomy in Newcastle County, on Lands which he sup- 
posed had formerly been taken up under Maryland Rights, but 
were then possest under other Rights. 

The Same, [Int. 48. fol. 17.] 

That he neither holds or claims any Lands which, he appre- 
hends, will fall within the Province of Pensilvania or the three 
lower Counties, if the Lines which were intended to be run by 
the Articles should be establisht or if the Circle should be run 
at the Distance of 12 Miles from the Town. And apprehends 
he shall not be a Gainer if the Bounds of Maryland should be 
extended farther Northward than now supposed to be, or the 
three lower Counties should be adjudged to Lord Baltimore. 
What a dishonest Proceeding this, while under a new Ap- 



BOUNDARY QUESTION. 603 

pointment for meeting to execute the Articles made by 
my Lord Baltimore himself ! This is the Candor and Fair- 
ness they used. 
This shews whether my Lord, and his Governor and Com- 
missioners did, or did not, endeavour to avoid the Arti- 
cles, by any other means except that of failing personally 
to appear at the Times appointed for Meetings. And this 
confirms most strongly what all our Commissioners say 
in Evidence on that Head by and by. 

Samuel Preston, [Lib. B. fol. 312. Int. 90. fol, 419.] 

Says that all the Plaintiffs Commissioners upon 28th March 
1733, signed a Notice in Writing to the Defendant's Commis- 
sioners requiring them to meet the Plaintiffs Commissioners 
at Newcastle the 16th of April then next, which notice was de- 
livered to William Biddle, who, he believes, (from an Affidavit 
of Biddle's that he has seen) did serve the same or Copies 
thereof, upon all the Defendant's Commissioners in Maryland, 
and in a few Days after the said 16th Day of March. And says 
that, immediately on Biddle's Return from Maryland he gave 
to some of the Plaintiffs Commissioners a cross Notice from 
the Defendant's Commissioners requiring the Plaintiffs Com- 
missioners to meet the Defendant's Commissioners at Joppa in 
Maryland on 7th May. 

William Biddle, [Lib. C. fol. 474. Int. 106. fol. 475.] 

Has lookt on the Paper Writing markt B. 5. and says it con- 
tains a true Copy of seven Original Papers which were delivered 
by Governor Gordon and the rest of the Plaintiffs Commission- 
ers who have subscribed the same, to him on said 28th March, 
to be served on the Defendant's Commissioners in Maryland. 
That he afterwards on 2d April following, served six of the 
same, upon Ogle, Calvert, Howard, Jennings, Tasker and Ward 
severally, but did not serve Loyd, he being dead or absent. 
And he, on the 3d of the said April, at Annapolis in Maryland, 
made Oath, before one of the Magistrates of the Provincial 
Court there of such several Services. 

Samuel Preston, [Lib. B. fol. 312. Int. 91. fol, 421.] 

Says that a Quorum of the Plaintiffs Commissioners met at 
Newcastle on 16th April according to the Notice given to the 
Defendant's Commissioners; but the Defendant's Commission- 
ers, or any of them did not appear there. 

Samtiel Preston, [Lib. B. fol, 312. Int. 88. fol. 417.] 

Believes Lord Baltimore was in Maryland on the 5th and 15th 
Days of February 1732. 



604 PENNSYLVANIA AND MARYLAND 

Samuel Preston, [Lib. B. fol. 312. Int. 89. fol. 417.] 

Knows the Town of Joppa in Maryland, which he believes 
is about fifty or sixty Miles from Newcastle Town; between 
which Places there are several Fords which are difficult to pass 
after great Rains, besides the great River of Susquehannah. 
That the said Town of Joppa is a small Village with but few 
Houses in it, and can afford but very ordinary Entertainment 
for Gentlemen or Strangers. That, at the former Meetings of 
the Commissioners at Newtown, and Newcastle it was agreed, 
by the said Commissioners, on both sides, that tiiefirst thing 
necessary to be done was to run the Circle about the Town of 
Newcastle, and, in order thereto, that a Center for the said 
Circle was to be fixed. And says that Joppa was not a con- 
venient Place to fix the said Center, and, as he apprehends, it 
could not be done there with Certainty. 

Samuel Preston, [Lib. B. fol. 312. Int. 92. fol. 422. ] 

That a Quorum of the Plaintiff's Commissioners met at the 
Town of Joppa in Maryland, on 7th May 1733. That going 
thither was very inconvenient ; because it was a long Journey 
thither, the Roads very bad, their Entertainment at the said 
Town very indifferent, and it was quite out of the Way of the 
Business the Commissioners had to do. That a Quorum of the 
Defendant's Commissioners met them at Joppa on 7th and 8th 
May. That on the 2d or 3d Days of the Commissioners Meet- 
ings at Joppa, it was proposed, by one of the Defendant's Com- 
missioners, seeing they could not agree upon running the Circle 
at Newcastle aforesaid, to adjourn to some other Place. And, 
after several Proposals and Debates thereon, it was, on the 9th 
of May, agreed to adjourn to Philadelphia, which is about 
ninety Miles distant from Joppa. Which was agreed to by the 
Plaintiffs Commissioners, in regard to the Convenience of the 
Defendant's Commissioners, who were to wait on Lord Balti- 
more in his way to Philadelphia. Believes that Adjournment 
was to 21st May, but it was agreed, if the Defendant's Com- 
missioners, who were to wait on him to Burlington, could not 
return from thence in convenient time to Philadelphia, then 
the Defendant's Commissioners were to give the Plaintiffs Com- 
missioners Notice to meet at Philadelphia, in some short 
time afterwards, and no Advantage was to be taken of their 
not meeting on the Day to which they adjourned. And believes 
it was also proposed and agreed to, that the Mai-yland Commis- 
sioners should not be staid at Philadelphia, from returning to 
Maryland, above one Day, and that their next Meeting should 
be in the County of Newcastle, on the 18th of June then next 
following:. 



BOUNDARY QUESTION. (.05 

Jeremiah Langhome, [Lib. C. fol. 719. Int. 92. fol. 726.] 

Says the Defendant's Commissioners did meet the Plaintiff's 
Commissioners at Joppa, on 7th May ; and it was very incon- 
venient for the Plaintiffs Commissionei'S to meet them at that 
Place, where he conceives nothing could be done to put the 
Articles in Execution. That the Commissioners met at Joppa 
again, on 8th May. That on the 2d Day of the Meeting at 
Joppa. several Disputes arose between them, concerning the 
Dimensions of the Circle, and the Defendant's Commissioners 
insisted it should be a Circle whose Circumference was 12 
Miles, and the Plaintiffs Commissioners insisted it ought to be 
a Circle of 12 Miles Radius. That thereupon, one of the Defend- 
ant's Commissioners (Mr. Ogle, according to his best Memory) 
proposed, seeing they could not agree upon the Extent of the 
Circle, to adjourn immediately to Cape Hinlopen, to run the 
Line from thence, which seemed to be generally agreed to : 
And then the Plaintiffs Commissioners proposed to go imme- 
diately to the said Cape, and said they had brought Artists 
with them, who would run the said Line. [Observe, we were 
always i-eady to do any thing] To which Ogle replied, that the 
Word, immediately as used by him, was to be understood with 
some Qualification, and that it meant only to go there, as soon 
as they conveniently might. [Well! when was that to be?] 
And added, that Lord Baltimore was in Chesopeak Bay, in his 
Way to Burlington in New Jersey, whither they were obliged to 
wait on his Lordship. Then some of the Defendant's Commis- 
sioners proposed to adjourn to Philadelphia, which is about 
100 Miles distant from Joppa; which being agreed to by the 
Plaintiffs Commissioners, on the 9th of May, they adjourned 
accordingly to some Day in that Month, as the Affirmant be- 
lieves, but does not remember the particular Day. 

Benjamin Tasker, the Defendant' s Witness and Commissioner, 
being cross-examined, \Lib. E. fol. 49. Int. 16. fol. 66.] 
Names the Commissioners who met on both sides at Joppa on 
7, 8, and 9th May, and that they adjourned to Mr. Norris's 
House at Philadephia, but at whose Instance, or what the Rea- 
sons assigned for such Adjournment were, does not particularly 
remember, but believes such Adjournment was made at the 
Instance of the Maryland Commissioners. 

Jeremiah Langhorne, [Lib. C. fol. 719. Int. 93. fol. 731.] 

He was present at the Meeting between Quorums of the re- 
spective Commissioners at Joppa, which as well as he remem- 
bers was on 7th May 1733. That before any Debates between 
them. Mr. Ogle observing the Affirmant there, askt who the 
Affirmant was? And said he did not know that any Person, 



606 PENNSYLVANIA AND MARYLAND 

except the Commissioners, had any Business there. Whereupon 
Jennings, one of the Defendant's Commissioners said, perhaps 
the Gentleman is a Commissioner. To which Mr. Hamilton, 
one of the Plaintiffs Commissioners, replied. No, he is not a 
Commissioner, but he is a Gentleman that the Plaintiffs Com- 
missioners have brought with them to be a Witness, and pre- 
vent any Misrepresentations of their Proceedings. That then 
the said Ogle, after some more Objections to any Stranger's 
being present during their Debates, said he was contented, 
provided they would permit some other Person, on behalf of 
Maryland, to be present likewise. To which Mr. Hamilton re- 
plied with all his heart, as many as he pleased. Whereupon 
one Beale was called in by the Defendant's Commissioners. 
And thereupon, the Debate, mentioned by this Affirmant in 
Answer to the 92d Interrogatory, concerning the Dimensions of 
the Circle arose between the Commissioners; Whereupon the 
Plaintiffs Commissioners insisted that the Arguments on the 
same should be reduced to Writing by the Commissioners on 
each side, which was accordingly done by delivering written 
Papers to each other. To all, or many of which, this Affirm- 
ant was a Witness, by subscribing his Name thereto. That the 
Reason given by the Plaintiffs Commissioners why the said 
Arguments should be reduced into Writing, were to prevent any 
Misrepresentations on either side, of what was said therein. 

The Same to the [Uth Int. fol. 734 ] 

Says he was present also at the Meeting of the Commis- 
sioners on the 8th of May. 

The Same to the [97th Interrogatory, fol. 735.] 

Says that Quorums of the said Commissioners met at Joppa 
on the Uth of May. 

James Logan, [Lib. B. fol. 76. Int. 95. fol. 192.] 

Says that beside running the Circular Line, there were, in 
his Judgment, five strait Lines, necessary to be run in order 
to compleat the carrying into Execution the Agreement, and 
that not more than two of those strait Lines would be affected 
or altered, according as the said Circle should De drawn at 
twelve, or at less than two, Miles Distance from the Town of 
Newcastle. 

Samuel Preston, [Lib. B. fol. 312. Int. 98. fol. 428.] 

Says the Defendant's Commissioners did not return from 
Burlington by 21st May, but gave notice they could not con- 
veniently meet that Day, but would meet at Philadelphia on 
26th May. Accordingly Quorums of the Commissioners met at 
Philadelphia on that Day. When, nothing material was done, 



BOUNDARY QUESTION. 607 

but the Defendant's Commissioners then proposed to adjourn 
to the 3d of September, alledging for Reasons, that they were 
obliged to attend on Lord Baltimore down to Virginia, on his 
Way to England, and particularly, that as Lord Baltimore had 
taken the Government of Maryland upon him since his Arrival, 
'twas necessary for Mr. Ogle to go down to Virginia, to be 
qualified, a-new, before the Governor of Virginia, in order to 
re-assume the said Government upon Lord Baltimore's De- 
parture. For which Reasons, and on Consideration that the 
Business of their Commissions could not well be done in the 
mean time, the Woods being full of Leaves, and the Season hot, 
the Plaintiffs Commissioners consented to said Proposal, and 
they adjourned accordingly, to meet at Newcastle Town on 3d 
September. 

James Logan, [Lib. B. fol. 76. Int. 98. fol. 193. ] 

Is rather stronger in the last foregoing Account ; for he as- 
signs no other Reason for that very long Adjournment from 
May to September, than only the Engagements the Maryland 
Commissioners pretended to be under, on their side. 

Samuel Preston, [Lib. B. fol. 312. Int. 99. fol. 431.] 

That five of the Defendant's Commissioners (amongst which, 
was John Ross by vertue of a new Commission) met six of the 
Plaintiffs Commissioners at Newcastle Town, on 3d September 
1733, and there continued several Days. During which Days, 
upon several Debates, the Defendant's Commissioners did de- 
clare that they could agree to run out no other Circle than one 
whose Circumference was twelve Miles; and the Plaintiffs Com- 
missioners insisted that the same ought to be a Circle of 12 
Miles Radius from the said Town. Whereupon, the Plaintiffs 
Commissioners did require the Defendant's Commissioners to 
state their Proposals and Arguments in Writing, and they 
would answer them in the same manner, which was accordingly 
done, by delivering several written Papers to each other. But 
the Commissioners not agreeing, a Proposition was made, to 
the best of the Affirmant's Memory, by one of the Defendant's 
Commissioners to adjourn, to a Time he has forgot; but it was 
afterwards agreed by all the Commissioners to adjourn to the 
14th of November, then next following, at Newcastle Town 
aforesaid. 

James Logan, [Lib. B. fol. 76. Int. 99. fol. 197.] 

That Quorums of the Commissioners met at Newcastle on 
3d, 4th, 5th and 6th September (Governor Ogle being sick, as. 
it was said) and during those Days several Adjournments were 
made, and divers Papers past between the Commissioners on 
each side. And says, that on the 5th or 6th of September it 



608 PENNSYLVANIA AND MARYLAND 

being proposed by the Defendant's Commissioners to adjourn 
the next Meeting to 14th November, the same was, after some 
Debates, at length, agreed to by the Plaintiffs Commissioners. 
Samuel Preston, [Lib. B. fol. 312. Int. 100. fol. 434. ] 

That Ogle, Tasker, Jennings, Harris and Ross, Commissioners 
for the Defendant, and Messieurs Norris, Logan, Hamilton, Steel 
and the Affirmant, Plaintiffs Commissioners, met at Newcastle 
Town, on 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24th, November 
1733. And during those days the respective Commissioners for 
the Plaintiffs and Defendant did not re ede from, but declared 
they respectively adhered to their former several Opinions, con- 
cerning the Dimensions of the Circle. And says there was some 
verbal Proposals made by the Commissioners on each side, but 
the principal Part of their Debates were transacted by written 
Papers, delivered to each other. That during the said several 
Meetings, and as he believes either on 14,15, or 16th November, 
some of the Defendant's Commissioners verbally declared, that 
it was to no purpose for the Commissioners to continue longer 
together, and proposed, that the Commissioners should dis- 
continue their Meetings, and depart without further Adjourn- 
ment. To which the Plaintiffs Commissioners did not consent 
or agree, 

James Logan, [Lib. B. fol. 76. Int. 100. fol. 199. ] 

Fully and strongly confirms the foregoing, and says, that Mr. 
Ogle repeatedly proposed upon 14, 15, and 16 November, to 
break up, and discontinue the Meetings, and depart without 
Adjournment, and that the Plaintiffs Commissioners in general, 
did during those three Days, decline to agree to such Proposal. 
The Same, [Int. 101. fol. 203.] 

Says that at the Meeting of the said Commissioners on or 
about 19th November, it was repeatedly alledged and declared 
to be the Opinion of the Defendant's Commissioners, that no 
other Consequence could arise from the Difference of Judgment 
bet-ween them and the Plaintiffs Commissioners than that 
either the Commissioners should continue at Newcastle till 
25th December then next, without running the Circle, or depart 
from Newcastle without further Adjournment. 

The Same, [Int. 102. fol. 204. ] 

That at the said Commissioners meeting on or about 23d 
November, it was proposed by Ogle or Jennings (but which he 
does not now remember) on the Part of the Defendant's Com- 
missioners, that as the Commissioners had continued so long 
together, in exchanging of Papers, and were still as far off from 
agreeing as ever, they should then depart. And thereupon, it 
was agreed by the Commissioners on both sides that some par- 



BOUNDARY QUESTION. 609 

ting Minute should be prepared against the next Day, and that 
the same should be drawn up by Jennings and the Affirmant. 

Samuel Preston, {Lib. B. fol. 312. Int. 102. fol. 437.] 

Says to the like effect, but does not remember who of the 
Commisssioners made that Proposal. 

The Same, [Int. 103. fol. 438.] 

Says that the Plaintiffs and Defendant's Commissioners did, 
at Newcastle, on 24th November. 1733, sign a parting Minute 
dated that Day, and then departed without further Adjourn- 
ment. 

James Logan, [Lib. B. fol. 76. Int. 103. fol. 438.] 
Says the same. 

Samuel Preston, [Lib. B. fol. 312. Int. 66. fol. 340.] 

Says that he knows that several Persons were appointed, and 
acted as Commissioners on the Plaintiffs Part, in order to carry 
into Execution the Articles of 10th May 1732, viz. Patrick Gor- 
don, Lieutenant-Governor of Pensilvania, who died in August 
1736, Isaac Norris, who died between 5 and 6 Years ago, and 
this Affirmant, James Logan, Andrew Hamilton and James 
Steel, who are still living, and Robert Charles, who departed 
about a Year ago for Great Britain, wbere the Affirmant sup- 
poses he is still living. That he hath lookt upon the Paper- 
Book or Writing marked Letter 'A) now produced and which 
hath a Great Seal hanging to it, and knows the said Seal to be 
the Great Seal of Pensilvania, and hath lookt towards the 
latter End of the said Paper-Book, in Page 90, where there is 
a Date, viz. (Philadelphia, January 10th 1733-4) And saith that 
the Names, P. Gordon, I. Norris, S. Preston, J. Logan, A. Ham- 
ilton, J. Steel, and R. Charles, there set, are their several pro- 
per Hand-writings, and were so wrote and subscribed by them 
respectively, in this Affirmant's Presence. And saith he has also 
looked upon the last Page of the said Book, and is well ac- 
quainted with the several Hand-writings of the said Gordon, 
'Norris, Logan, Hamilton, Steel and Charles, having frequently 
seen them write, and saith their Names, there subscribed, are 
their respective Hand-writings and were wrote and subscribed 
by them severally, in this Affirmants Presence. And that 
Samuel Preston, there also set and subscribed, is the Affirmant's 
own Hand writing, and was by him there subscribed, at the 
same time with the rest of the said Subscribers. And saith the 
Name Thomas Graeme there also subscribed, is the proper Hand- 
writing of Thomas Graeme, who on 20th June 1734, was, and is 
still one of the principal Judges of Pensilvania, and then had, 
39— Vol, XV. 



610 PENNSYLVANIA AND MARYLAND 

and still has, Power to administer Oaths to, and take Affirma- 
tions from Persons in Pensilvania aforesaid ; And saith that 
the several Names following, viz. J. White, S. Mickle, J. Rich- 
mond, and W. Spafford, there also appearing to be subscribed,, 
are their several Hand-writings, and were there wrote and sub- 
scribed by them respectively, in this Affirmant's Presence. 
And saith that on 20th June 1734 the said Gordon, Hamilton, 
and Charles, made OJath, and the said Norris, the Affirmant, 
Logan, and Steel, being Quakers, did solemnly affirm to the 
Truth of the Affidavit and Affirmation comprized and wrote 
in the said last Page of the said Book, before the said Thomas 
Graeme, and in the Presence of the said White, Mickle, Rich- 
mond and Spafford and saith the Occasion of the Affidavit and 
Affirmation being so made and taken was from an Apprehen- 
sion that there would be some Complaint made to the King 
and Council, for a Failure in the Execution of the said Articles 
of Agreement of 10th May 1732. 

James Logan, [Lib. B. fol. 76. Int. 66. fol. 163.] 

Proves the same in the self-same Words as Mr. Preston, it 
being the Return or Report then made, on 10th January 1733, 
and sworn and affirmed to on 20th June 1734, containing most 
minutely the like Account of the Commissioners Proceedings, 
in order to have carried the Articles into Execution, as are 
now given by them in Detail, upon a fresh Examination in the 
Cause as to the Proceedings and Behaviour of the Commission- 
ers at every one of the several Meetings from 6th October 1732, 
to 24th November 1733. 

* James Steel, [Lib. C. fol. 559. Int. 66. fol. 565.] 

Also proves the same Report in the self-same Words as Mr. 
Preston and Mr. Logan. 
Andrew Hamilton, [Lib. C. fol. 775. Int. 117. fol. 874.] 

Says that the said Report is a true Narrative of the most 
material Proceedings of the said Commissioners. ' And says 
that the Minutes of the several Transactions of the Commis- 
sioners which are related and set forth therein were carefully 
taken by the Plaintiffs Commissioners, or some of them,- at the 
Time, or within a Day of the respective Times, on which the said 
several Transactions happened. And that the Copies of Papers 
at large, set forth, and comprized in the said Report, are true 
Copies of the several Original Papers which past between the 
Commissioners on both sides, of which they purport to be 
Copies, and then gives the like Account as the former, of the 
making up, signing, swearing, and affirming to that Report, 
and the Occasion thereof, as all the other living Commis- 
sioners have before done. 



BOUNDARY QUESTION. 611 

Thomas Grceme, [Lib. C. fol. 666. Int. 117. fol. 667.] 

Proves that all the Commissioners signed their Affidavit, and 
respectively swore and affirmed to the same, before him, on 
20th June 1734, and that he was in such Office, and had Power 
to administer Oaths and Affirmations. 

But if there be any Occasion, it is easier to turn to the fresh 
Examinations in the Cause. 
Samuel Preston, [Lib. B. fol. 312. Int. 62. fol. 452.] 

That he was one of the Commissioners appointed by the 
Plaintiffs to run and make the Lines mentioned in the Agree- 
ment, and as such, did attend all the Meetings had between 
the Plaintiffs and Defendants Commissioners for the Execution 
of the said Articles. And says, he never received, directly or 
indirectly, from, or on behalf of the Plaintiffs, any Order, Di- 
rection or Instruction or Intimation to retard, evade, frustrate, 
avoid or impede the Execution of the said Agreement. And 
that neither he, nor any other of the Plaintiffs Commissioners, 
to the Knowledge or Beiief of the Affirmant, did, at any time, 
or in any manner, endeavour to retard, avoid, or frustrate the 
Execution of the said Agreement. 

James Logan, [Lib. B. fol. 76. Int. 62. Fol. 159.] 

Was also one of the Plaintiffs Commissioners for the Purpose 
aforesaid, and attended the Execution of the said Commission 
three several Times [He means Sessions] at Newcastle, and 
once at Philadelphia [Note, he being infirm, did not go down 
to Newtown, nor yet to Joppa, in Maryland] That neither the 
Affirmant, or any of the Plaintiffs Commissioners, to his Know- 
ledge or Belief, ever did, at any Time, or in any manner, en- 
deavour to retard, avoid, or frustrate the Execution of the said 
Commission ; nor did he receive directly or indirectly, at any 
Time, from, or on behalf of the Plaintiffs, any Order, Direction. 
Instruction or Intimation to retard, delay, evade, avoid, frus- 
trate, or impede the Execution of the said Commission. 

Andrew Hamilton, [Lib. C. fol. 775. Int. 62. fol. 776.] 

That he was appointed one of the Plaintiffs Commissioners, 
and attended all the Meetings of the Commissioners that were 
held on that Business from time to time (except that on the 3d 
of February 1732) That he never received, directly :>r indirectly, 
any Order, Direction, Instruction or Intimation from, or on 
behalf of the Plaintiffs, or any of them, to retard, evade, avoid, 
frustrate or impede the Execution of the said Commission. 
But on the contrary, this Deponent and the rest of the Plaintiffs 
Commissioners, were several times, and very frequently, while 
the Execution of the said Commission was depending, desired 
and very much pressed, by the Plaintiff Thomas Penn, and 



612 PENNSYLVANIA AND MARYLAND 

it was his constant Instructions to this Deponent and the rest 
of the Plaintiffs Commissioners, to use all the Dispatch and 
Candor they possibly could, to carry the said Agreement into 
Execution. Says he never did, in any manner, endeavour, or 
do any Act or Thing that he conceived could or would frustrate, 
avoid or hinder the Execution of the said Commissions; nor, to 
the best of his Knowlege and belief, did any of the rest of the 
Plaintiffs Commissioners endeavour or do any thing to frustrate, 
avoid or hinder the Execution of the same Commissions. 

* James Steel, {Lib. C. Fol. 559. Int. 62. Fol. 561. ] 

That he was appointed one of the Plaintiffs Commissioners, 
and did attend on all the Days that the Plaintiffs and Defend- 
ant's Commissioners met for that Purpose, (except the two last 
Days of their meeting) That he never did receive, directly or 
indirectly, from or on behalf of the Plaintiffs, any Order, Di- 
rection, Instruction, or Intimation to retard, evade, avoid, 
frustrate or impede the Execution of the said Commission; and 
that, neither he, nor to his Knowledge or Belief any other of 
the Plaintiffs, Commissioners, ever did, in any manner endeav- 
our to avoid, retard or frustrate the Execution of the said 
Commission, but on the contrary, did all that was in their 
Powers to execute the same. 

Note well. 

We never had any more than our original seven Commission- 
ers: two of which are proved to have been dead, and the third 
come for Europe, at the Time we examined our Witnesses, and 
we have examined every one of the other four, who concur pre- 
cisely in this general Account at all Times whatsoever. On 
the other Hand, the Defendant chopt and changed his Com- 
missioners till he made his original seven to be ten in Number ; 
of those ten he has examined only three; against whom there 
are many Objections also : but as to this present Point, they are 
most carefully askt, and as cautiously answer, that they did 
not contrive along with the Defendant to avoid the Agreement 
at one particular Time when it was no way possible for them 
to have done it, at that Time. 

Samuel Preston, [Lib. B. Fol. 312. Int. 63. Fol. 453. J 

Says that Samuel Ogle, Charles Calvert, P. Loyd, M. Howard, 
M. T. Ward. R. Bennett, Benj. Tasker, E. Jennings, James Har-, 
ris and John Ross [ten] were the Persons who, at several Times, 
appeared and acted as Defendant's Commissioners. And says 
that none of the said several Persons, in the Opinion and Belief 
of the Affirmant, did proceed with Fairness, Candour or Dis- 
patch, in the Service mentioned in their Commissions. But, on 
the contrary, did shew an Unwillingness and Reluctance to exe- 



BOUNDARY QUESTION. 613 

cute the Articles of Agreement according to the plain Meaning 
of the said Articles, as the Affirmant, and, he believes, the rest 
of the Plaintiffs Commissioners understood them, by using 
many Arts and Methods to prevent, frustrate, evade and delay 
a fair Execution of the same. 

* James Steel, [Lib. C. Fol. 559. Int. 63. Fol. 563.] 

He also names the same ten Persons who appeared and acted 
as the Defendant's Commissioners, and says he verily believes 
the said Commissioners, or any of them, did not conduct them- 
selves with Fairness, Candour or Dispatch in carrying the said 
Articles into Execution ; but, as it appeared to the Affirmant, 
did »hew an Unwillingness and Reluctance to execute the same 
according- to the plain Directions of the same Articles, and also 
that they the Defendant's Commissioners did use several Arts 
and Methods, to delay, prevent and evade the Execution of the 
said Articles, and marking the Lines and Bounds therein men- 
tioned, pursuant to the true Intent and Meaning of the same 
Articles. 

James Logan, {Lib. B. Fol. 76. Int. 63. Fol. 161. ] 

Names the same ten Perons who appeared and acted as the 
Defendant's Commissioners at the Meetings where he was pres- 
ent. Says that all the Commissioners on the Part of Maryland 
appeared to him to have subjected their Conduct, in a very 
great measure, if not entirely, to the Direction of the said 
Governor Ogle. And it also appeared to this Affirmant, from 
the first Time of the Meeting at Newcastle in October, from the 
general Conduct of the said Governor Ogle, that he had fully 
purposed and designed to evade the Execution of the said 
Articles. 
Samuel Preston, {Lib. B. Fol. 312. Int. 109. Fol. 444.] 

That the Commissioners of the Plaintiffs and Defendant, to 
the best of his Memory, met 25 or 26 Days about the Execution 
of the said Agreement of May 1732. The first of which Days was 
6th October 1732, and the last 24 November 1733. Says he 
verily believes there was sufficient Time, during such their 
Meetings, and before 25 December 1733, to have run and 
marked out the Circle, and all the Lines directed by the said 
Agreement to be run, if no Difference, or pretended Difference 
in Judgment had arisen amongst the Commissioners; which 
running and marking out the said Circle and Lines, the Affirm- 
ant says, was not obstructed or hindred by the Non-Attendance 
of the Commissioners, on either Side; but, as it appeared to 
the Affirmant from the general Actings and Behaviour of all 
the Defendant's Commissioners, was wholly owing to an Un- 
willingness in all the Defendant's Commissioners to run or mark 



614 PENNSYLVANIA AND MARYLAND 

out the said Circle and Lines. And further says that he, from 
time to time, always met, with full Intention and Design to 
execute the said Agreement, and verily believes, from the gen- 
eral Conduct, Actings and Behaviour of all the rest the Plain- 
tiffs Commissioners that they from time to- time, always met 
with the same Design and Intention. 

James Logan, [Lib. B. Fol. 76. Int. 109, Fol. 212.] 

Says the like, that there was abundant Time to have run and 
markt the Circle and all the Lines, if no Difference, or pretended 
Differences in Judgment had arisen amongst the Commission- 
ers. And says the running out the Circle and Lines was not 
prevented, by Non-Attendance of the Commissioners on either 
Side. But was occasioned, as he believes, by the long Adjourn- 
ments prest and insisted on by the Defendant's Commission- 
ers; owing (in his Opinion) to a formed Resolution on their 
Parts to evade the Execution of the Agreement, by any means 
but that of failing in their Meetings according to their Adjourn- 
ments. He likewise says, that he always had a full Intention 
to execute the Agreement. And it was apparent to him, and 
he verily believes, from the Actings and general Behaviour of 
the rest of the Pensilvania Commissioners, that they met and 
acted from time to time, with full Intention to execute the said 
Agreement. And it was apparent to him, and he verily believes 
from the Actings and general Behaviour'bf the Maryland Com- 
missioners during all the said Meetings he was at, (which were 
on nineteen of the said Days,) that they did intend tu delay 
and avoid the Execution of the said Agreement. And the 
Reasons for his Belief are that they early alledged they could 
not find a Center, and then asserting and insisting that by a 
Circle expressly directed to be run at the Distance of 12 English 
Miles from Newcastle, was intended a Circle of less than two 
Miles Distance from Newcastle. 

Andrew Hamilton, [Lib. C. Fol. 775. Int. 109. Fol. 779.] 

That the Commissioners of the Plaintiffs and Defendant, who 
acted in the Execution of the Agreement May 1732, under the 
Commissions mentioned in his Answer to the 62d Interroga- 
tory, met on that Business on 26 several Days. The first of 
which was the sixth October 1732, at Newtown in Maryland, 
and the last on the 24th November 1733, at Newcastle Town, 
according to the best of this Deponent's Remembrance. And 
saith that there was, in his Judgment and Belief, abundantly 
more than sufficient Time, during such the said Meetings of the 
said Commissioners, and before the 25th Day of December 1733, 
to have run and marked out the Circle, and all the Lines di- 
rected to be run and markt out, by the said Agreement, if no 



BOUNDARY QUESTION. 615 

Difference or pretended Difference in Judgment, concerning 
the same, had arisen amongst the said Commissioners. And 
saith ;that he hath been credibly informed, by Surveyors and 
Persons, who are well acquainted with, have been much con- 
versant in, such Business, and this Deponent believes it to be 
true, that two Months, and a little more, at a proper Season 
of the Tear, would be sufficient for the running and marking 
out the Circle and Lines aforesaid. And saith that running 
out of the said Circle and Lines was not prevented by the Non- 
Attendance of the said Commissioners, on either Side ; and that 
the said Commissioners, on either Side, or a Quorum of them, 
did not absent themselves, or stay from any of the said Meet- 
ings, beyond the Time of Adjournment, above an Hour or two 
at most. That the Reason assigned, by the Defendant's Com- 
missioners for their not joining with the Plaintiffs Commis- 
sioners in running out the said Circle and Lines was, their not 
agreeing with the Plaintiffs Commissioners in their Opinion 
or Construction of the Meaning of the said Articles of Agree- 
ment of May 1732; but, it was apparent to the Deponent, that 
the Unwillingness of the Defendant's Commissioners to carry 
the said Agreement into Execution, was the true Cause or Reason 
why the said Circle and Lines were not run and markt out by 
the 25th Day of December 1733. And saith that he is well sat- 
isfied that all the Commissioners on the, Part of the Plaintiffs, 
always met and acted, from time to time, with full Intention to 
execute the said Agreement; and on the contrary, that it was 
apparent to him, and he verily believes, from the Tenor of the 
Actings, and general Behaviour of the Commissioners who 
acted from time to time on the Part of the Defendant in the 
Execution of the said Commission and Articles of Agreement, 
never intended to carry the said Agreement into Execution. 
And that the Reasons for such this Deponent's Belief therein 
are, as follows, viz. That Samuel Ogle Governor of Maryland, 
and Patrick Gordon Governor of Pensilvania, having agreed 
that the Commissioners on each Side should meet at Newtown 
in Kent County in Maryland, on the 6th of October 1732, in 
order to carry the said Articles of Agreement into Execution, 
the said Samuel Ogle, Philemon Lord, Charles Calvert, Michael 
Howard, Richard Bennett, Matthew Tilghman Ward Esqs: 
Commissioners on the Part of the Defendant ; and the said 
Patrick Gordon, Isaac Norris, Samuel Preston, this Deponent, 
James Steel and Robert Charles, Commissioners on the Part 
of the Plaintiffs, met, accordingly, at Newtown aforesaid on 
the said 6th of the said October, and agreed to meet ag'ain the 
next Day, being the 7th of the said October, at the same Place, 
and met accordingly on the said 7th Day of October and the 



610 PENNSYLVANIA AND MARYLAND 

Articles of Agreement between the Plaintiffs and Defendant's 
and the Commission to the before-named Commissioners on the 
Part of the Plaintiffs, and also the Commission to the before- 
named Commissioners on the Part of the Defendant, being pro- 
duced and read, the said Mr. Ogle, on the Part of the Defend- 
ant, objected to the Validity or Sufficiency of the said Com- 
mission from the Plaintiffs to the said Patrick Gordon, Isaac 
Norris, Samuel Preston, this Deponent^ Robert Charles and 
James Steel, and also to James Logan Esq; directed, for want 
of proper Persons being joined in the granting of that Commis- 
sion, and shewed an Indorsement, made upon the Defendant's 
Part of the said Articles, which Indorsement was signed, as 
this Deponent remembers, with the Names Letitia Aubrey, 
William Penn, and others, purporting their Consent and Ap- 
probation of the said Articles of Agreement, and that they 
would do nothing to frustrate or make void the same, or to such 
Effect; and therefore, urged that the Persons, signing the said 
Indorsement, ought to have joined in granting the said Com- 
mission to the said Commissioners on the Part of the Plain- 
tiffs, and, for not having so done, the said Commission was not 
sufficient to authorise the Plaintiffs Cbmmissioners to carry the 
said Articles into Execution; to which it was answered, by the 
Plaintiffs Commissioners, that, tho' the Defendant might think 
it proper, for his own Security, or any other Reason, to take 
such an Indorsement as aforesaid, from the said Letitia Aubrey 
and William Penn, or any others, not being Parties to the 
said Articles, it could not affect the said Commission granted 
by the Plaintiffs; and much being said, by the Defendant's 
Commissioners, and those on the Part of the Plaintiffs, touch- 
ing the said Objection, the said. Mr. Ogle said at length, he 
would wave the same, for the present; and then, the Commis- 
sioners proceeded to consider what was first to be done towards 
carrying the said Articles of Agreement into Execution, and 
the Plaintiffs Commissioners desiring the said Articles them- 
selves might be read, it was said, by the said Mr. Ogle, 'that 
there was no need of having recourse to the Articles, for that 
the Commissions on each Side, were the only Authority by which 
the Commissioners could act, and they must pursue the Direc- 
tions of the Commissions, as their Guide; but without further 
Argument, it was agreed that the Circle, about the Town of 
Newcastle, was the first Work enjoined to be done by the said 
Commissions, and thereupon the Defendant's Commissioners 
proposed to adjourn to the 30th of October; to which it was 
said, by the said Plaintiffs Commissioners, that this was the 
most proper Season of the Year for running and marking out 
Lines in the Woods, and that they had brought their Artists 



BOUNDARY QUESTION. 617 

and Surveyors, to run the Lines directed to be run, by the said 
Articles ; and therefore proposed, that the Commissioners might 
proceed to run the same accordingly; but it being alledged, by 
the Defendants' Commissioners, that the publick Business of 
their Province required their Attendance, and that one of their 
Artists, on whom they chiefly relyed, was sick, therefore, they 
insisted they could not attend the Business of running the said 
Lines before the said 80th of October. Whereupon, the Plain- 
tiffs Commissioners (tho' unwillingly) consented to adjourn 
to the said 30th of October, to meet at Newcastle aforesaid. 
Then it was moved by the Plaintiffs Commissioners, that a 
Minute should be taken of the Meeting of the Commissioners 
and the Adjournment; which was opposed by the said Mr. 
Ogle, who said it would be troublesome to the Commissioners. 
The Plaintiffs Commissioners then proposed the introducing of 
one Clerk, or more, to take and keep the Minutes of the Com- 
missioners Proceedings, but this was also opposed by the De- 
fendant's Commissioners, as a Thing unnecessary, and would 
occasion great Trouble and Delay in settling such Minutes. 
Then, it was said by the Plaintiffs Commissioners, that it would 
not appear that ever the Commissioners had met, upon the 
Business mentioned in the said Articles, or, that they had ad • 
journed to any Day ; That, therefore, they believed it absolutely 
necessary that Clerks should be introduced, as no Persons were 
present but the Commissioners themselves; but this was abso- 
lutely refused by the Defendant's Commissioners as unnecessary. 
It was then insisted by the Plaintiffs Commissioners, that a 
Minute should be taken of the Commissioners Meetings and 
Adjournments, and signed by a Commissioner on each Side. 
This was long opposed by the' Defendant's Commissioners, but, 
at last, it was agreed that such a Minute should be made, and 
Michael Howard, one of the Defendant's Commissioners, and 
Robert Charles, one of the Plaintiffs Commissioners, were ap- 
pointed to draw up the same, which they accordingly did. 
And the Commissioners being met, in the Evening of the 7th of 
October, at the House of Mr. James Harris, where the said Mr. 
Ogle lodged, and the Plaintiffs Commissioners having, before- 
hand, desired Mr. David French and Mr. James Hamilton, then 
at Newtown aforesaid, to be present in the Room with the said 
Commissioners, to be Witnesses to the exchanging of the said 
Minute, the said Mr. Ogle, seeing the said two Persons in the 
Room, asked them whether they were Commissioners? Where- 
upon they left the Room, believing, as they said, that it was 
not agreeable to the said Mr. Ogle, that they should be present. 
Then two Minutes of the said Meeting and Adjournment, of the 
same Tenor and Date being produced by the said Mr. Howard 



618 PENNSYLVANIA AND MARYLAND 

and Mr. Charles, it was desired by the Plaintiffs Commission- 
ers, that the Commissioners on each Side might sign the same, 
which was refused by the Defendant's Commissioners. Then it 
was desired by. the Plaintiffs Commissioners that the said Mr. 
Howard and Mr. Charles might each of them sign and exchange 
the said Minutes. To which the said Mr. Howard made An- 
swer, with some Warmth, that he would not sign, for he did 
not know but he might be called to England for it. And 
further saith, that a Quorum of the Commissioners, on each 
Side, met at Newcastle on the said 30th of October, in pursu- 
ance of their Adjournment, at the House of Robert Gordon, 
and the Articles of Agreement aforesaid being read, it was ob- 
served, by Samuel Ogle aforesaid, that the Charter for Pensil- 
vania, and the Deeds of Feoffment for Newcastle being recited 
in the said Articles, he desired the said Charter and Deeds of 
Feoffment might be produced ; To which it was answered by 
the Plaintiffs Commissioners, that so much of the said Charter 
and Deeds of Feoffment as was necessary for carrying the said 
Articles into Execution, being recited in the said Articles, 
there was no Need of the said Charter and Deeds themselves, 
upon which it was asked by the said Samuel Ogle, and the 
Deponent thinks by the said Michael Howard, whether any of 
the Plaintiffs Commissioners would give it under their Hand, 
for Law, that the Recital of one Deed, in another, was good 
Evidence to prove the Deed recited : To which it was answered 
by the Plaintiffs Commissioners, to the following Effect, That, 
in the present Case, they would do so; for. altho' it was gen- 
erally true, that the Recital of one Deed, in another, was not 
a Proof of the recited Deed, yet, the present Articles of Agree- 
ment, being the joint Act of the contracting Parties, and they 
having taken upon them the Knowledge of the Charter and 
Deeds so recited, That same Recital was good Evidence to the 
said Commissioners, that there were such Charter and Deeds, 
and that they were truly recited, and that the said Charter 
and Deeds could not be got nigher than Philadelphia, which 
would occasion great Delay,, that ought to be avoided at that 
late Season of the Year; but the Defendant's Commissioners 
insisting on a Sight of the said Charter and Deeds, one of the 
Plaintiffs Commissioners was dispatched to Philadelphia,, who 
returning the next Day, the said Charter and Deeds were, then 
pi"oduced at a Meeting of the Commissioners, held at the same 
Place, and the recited Parts of the said Charter and Deeds of 
Feoffment being compared, with the Charter itself, and exem- 
plified Copies of the said Deeds, they were found to agree. 
Then Copies of the said Charter and Deeds of Feoffment were 
demanded bv the Defendant's Commissioners; to which it was 



BOUNDARY QUESTION. 619 

objected by the Plaintiffs Commissioners, that the Defendant's 
Commissioners themselves, having compared the Parts of the 
Charter and Deeds of Feoffment, recited in the said Articles, 
with the said Charter and Deeds, and being found to agree, 
there could be no Use of Copies of the said Charter and Deeds, 
especially seeing they were very long, but to spend Time, and 
delay the Business they had met about. And the said Defend- 
ant's Commissioners were then put in mind of what the said 
Samuel Ogle had said at Newtown in Maryland, That the 
Commissioners had nothing to do with the Articles, the Com- 
mission being their Authority and Direction: But this not 
being satisfactory to the Defendant's Commissioners, it was at 
last, agreed, that they should have Copies of the Descriptive 
Parts of the said Charter and Deeds of Feoffment, which they 
accordingly had, signed by some of the Commissioners for Pen- 
silvania; It was then offered by the said Samuel Ogle, that he 
observed there was no Direction in the said Commissions, for 
finding a Center, in order to run the said Circle about the 
Town of Newcastle, mentioned in their said Commissions. 
Whereupon it wasialledged by the Plaintiffs Commissioners, 
That the Commissioners, being impowered and directed by 
their said Commissions to run the said Circle, They, therefore, 
had Power to do all that was necessary for the running of the 
same, and therefore, to fix the said Center. To this it was re- 
plied, by the said Samuel Ogle, to the following Effect, That 
he had consulted both Lawyers and Mathematicians, and they 
were of Opinion that no Circle could be run, without a Center, 
and that by their Commissions, they had no Power to fix one. 
It was then said by the Plaintiffs Commissioners, that in the 
Map, in the Margin of the said Articles, the Town of Newcastle 
was laid down, and a Central Point fixed, within the same 
Town, from which the Circle, described in the said Map, ap- 
peared to be drawn which according to the said Articles, ought 
to be a Direction to the said Commissioners; but, it being 
answered by the said Samel Ogle, That the Town of Newcastle, 
being large, much depended upon fixing the said Center, for if 
it was placed at the extreme Part of the Town, it might injure 
the Lord Baltimore, and if fixed in some other Part it might 
injure the Plaintiffs, It was then urged again, by the Plaintiffs 
Commissioners, that the central Point laid down in the said 
Map for the middle of the said Town, was the best Direction 
the said Commissioners could have, and therefore the said 
Plaintiffs Commissioners moved that the Surveyors, attending 
might go and measure the said Town, which was objected to by 
the Defendant's Commissioners; and then it was proposed by 
the said Samuel Ogle, that the Commissioners should take a 



620 PENNSYLVANIA AND MARYLAND 

Walk about and view the said Town ; and the Commissioners 
on both Sides, accordingly then walked to several Parts of the 
said Town with Surveyors attending them; That upon some of 
the Plaintiffs Commissioners offering to shew the Defendant's 
Commissioners the Extent of the said Town, the said Samuel 
Ogle neglected and disregarded the said Offer; That, upon a 
Meeting of the Commissioners, on the next Day, the said Samuel 
Ogle, again said, that he, having consulted Lawyers and Mathe- 
maticians, who were of Opinion that they had no Power to 
fix the said Center, and he having little Skill in those things 
himself, he ought to have a Regard for their Opinions or to 
that Effect ; and said, besides, That the said Town, he under- 
stood, was an oblong, and not round, and the Bounds also 
uncertain. Therefore he knew not how they could make such 
a Circle round the same Town ; upon this it was offered, by 
the Plaintiffs Commissioners, to remove that objection, that 
they should fix the Center at the Court house, in the said Town, 
which was not one third of the breadth of the same Town from 
the River Side, and therefore (as the Plaintiffs Commissioners 
said) it would be much to the Advantage of the Lord Baltimore ; 
To which the said Samuel Ogle answered, That they ought to 
be careful of the interest of the Plaintiffs, equally with that 
of the Lord Baltimore, and added, that some of the Plaintiffs 
Commissioners had said at a former Meeting, that the least 
Variation from the Articles would make void what they should 
do by Virtue of their Commissions; To this Allegation it was 
objected, by the Plaintiffs Commissioners, that no such Words, 
as the least Variation from the Articles, had been used ; but 
only, that any Variation from the express Words of the 
Articles, and the Direction of the Commissions, might render 
void and ineffectual what they should do in pursuance of the 
same. But there being no express Directions, either in the said 
Articles or Commissions, for fixing the said Center, and the 
Circle b«ing directed to be run, therefore, the said Plaintiffs 
Commissioners conceived that sufficient Power was given to 
the Commissioners to fix the said Center; and as the said 
Center, proposed, was for the Advantage of the Defendant, 
there could be no Apprehensions of his complaining, and the 
Commissioners on the Part of, Pensilvania proposed that they 
would procure an Assurance from one of their Proprietors of 
his acquiescing in such Center, so to be fixed ; but upon this, 
the said Mr. Ogle said, we may, thereby, injure some other 
People who have Freeholds bordering upon the Circle, wher- 
ever it should fall : To this it was said by the Plaintiffs Com 
missioners, That the Commissioners fixing a Center could injure 
such other Persons no more than if such Center was fixed by the 



BOUNDARY QUESTION. 621 

Plaintiffs and i Defendant themselves, who nobody denied, 
had the Right of doing so; upon which Mr. Ogle said, let us 
wave the Center, for the present, and talk a little about the 
Circle. To which, it was answered by the Plaintiffs Commis- 
ioners, that it would be to no Purpose to talk about the Circle, 
till they had agreed upon the Center, since it was admitted 
that no Circle could be run without a Center ; but Mr. Ogle 
proceeded to ask the Plaintiffs Commissioners what they un- 
derstood were the Dimensions of the Circle, then proposed to 
be run? To which the Plaintiffs Commissioners answered, that 
they understood the Circle, mentioned in the said Articles and 
their Commission, to be a Circle of 12 Miles Distance from the 
Town of Newcastle, Whereupon Mr. Ogle said that the Circle 
which the Commissioners were enjoined to run, was the Circle 
mentioned in the Deeds of Feoffment of the Town of Newcastle, 
which Circle, was, as he conceived, a Circle whose Circumfer- 
ence was only 12 Miles, and much more was said by the Defend- 
ant's Commissioners to the same Purpose; but the Plaintiffs 
Commissioners insisting that the Articles of Agreement, being 
plain, would admit of no Construction, different from the ex- 
press Words, which Words were (a Chicle at the Distance of 12 
English Statute Miles from th Town of Newcastle.) Upon this 
Mr. Ogle asked the Plaintiffs Commissioners, how they con- 
ceived a Circle of those Dimensions, could be run in the Woods? 
And said that for his Part, he thought it impracticable. To 
which the Plaintiffs Commissioners answered, that, if that was 
the Opinion of the Defendant's Commissioners, then they the 
Plaintiffs Commissioners understood them very well, that the 
said Articles were not to be carried into Execution at all ; and 
much Time being spent in Debates upon this Subject, it was 
at last proposed by Governor Ogle, That as the Commissioners 
on each Side, differed so much in Opinion and the Lord Balti- 
more being, soon expected in his Province of Maryland, that 
they should adjourn, in order to have his Lordship's Directions 
for the fixing of a Center; but this was opposed by the Com- 
missioners on the Part of Pensilvania, who said that the Season 
of the Year for running Lines in the Woods was far advanced, 
that they had brought their Artists with them, expecting to 
proceed upon the Work, as they had done at their first Meeting 
at Newtown, and that it was well known to every body, that 
after the 10th or 20th of December, the Weather was too severe, 
for any Persons to go and continue running Lines in the Woods, 
for any long Time as the Persons who were to do this Work 
would be obliged to do; and therefore an Adjournment would 
be very inconvenient; but the Commissioners of Maryland in- 
sisted, that they knew no more likely Way to forward the Work 



622 PENNSYLVANIA AND MARYLAND 

then before them, than first to receive the Lord Baltimore's 
Directions for the finding a Center, which they conceived they 
had no Power to do themselves; upon this, the Plaintiffs Com- 
missioners took some small Time to consider of the proposed 
Adjournment, and in few Hours, the Commissioners of each 
Side met again, and it was said by the Plaintiffs Commissioners 
that they could not agree to any Adjournment, till the Defend- 
ant's Commissioners had named the Day, and if it was a short 
Adjournment, probably that the Plaintiffs Commissioners 
would agree to it; and much being said upon this Subject, the 
Commissioners of Maryland, at last mentioned the first of Feb- 
ruary, which the Plaintiffs Commissioners desired time to con- 
sider of; and then, they observed to the Defendant's Commis- 
sioners, that as there had been no Minutes taken of the Pro- 
ceedings that had passed amongst them, and that tho' the Busi- 
ness which they were upon, was of a publick Nature, yet Clerks 
had been refused to be introduced, and no Persons admitted to 
hear, or be privy to, any of their Debates, they again insisted 
upon having Clerks introduced, and Minutes taken of their 
Proceedings, which they conceived absolutely necessary, that 
it might appear they had met upon the Business which they 
were impowered to transact by virtue of their Commissions; 
but this was, again, absolutely refused by the Defendant's 
Commissioners, as unnecessary, saying that great Confusion 
and Trouble would arise by the Clerks dirfering in their manner 
of taking such Minutes, and Mr. Ogle likewise then said, that 
they would own before any Body, they had met on this Busi ■ 
ness; to which the Plaintiffs Commissioners replied, that there 
would be no Misunderstanding, or Differences of that kind, 
amongst the Clerks, as they would be present with, and under 
the Directions of the Commissioners; but not being able to 
obtain the Consent of the Defendant's Commissioners to have 
Clerks, or any other Person present at their Meetings, they 
took Time to consider of the Adjournment, till next Day; and, 
in the mean time, having observed amongst themselves, with 
great Concern, the Arts and Methods used by the Defendant's 
Commissioners to evade and delay the Execution of the said 
Articles, and their affecting so much Secrecy, at their Meetings, 
so as to admit no Persons to be present besides the Commis - 
sioners, it was resolved, amongst the Plaintiffs Commissioners, 
that a Paper should be drawn up (from the Minutes kept by 
the Plaintiffs Commissioners) of the several Transactions of the 
Commissioners from their first Meeting, to be read at the next 
Meeting of the Commissioners on both sides, and the same was 
drawn up, accordingly, and read to the Defendant's Commis- 
sioners the next Day ; and at the same Time it was desired that 



BOUNDARY QUESTION. 623 

they would make their Objections, if they had any against the 
Truth of it; To whieh Mr. Ogle said, that the Plaintiffs Com- 
missioners might keep what Minutes they pleased, but if he 
had had the drawing up of that Paper, he could have set the 
Arguments of the said Defendant's Commissioners in a fairer 
Light; and then, one of the Defendant's Commissioners pro- 
duced a Paper, which was said to be some Minutes kept by them, 
and read the same, purporting that the Commissioners on both 
sides had met at Newcastle, in order to execute the Articles, or 
run the Circle, but, Difficulty s arising, they had agreed to ad- 
journ ; but the Plaintiffs Commissioners objected to this as 
being very unsatisfactory, and far from containing what had 
passed between the Commissioners, and the Reasons of their 
Adjournment; Upon which Mr. Ogle pulled out a Paper, and 
after reading the same, said, Gentlemen, What do you think 
of that? Which Paper was to the Effect following, viz. That 
the Plaintiffs Commissioners, or some of them, had declared 
it for Law, that the Recital of the Charter for Pensilvania and 
the Deeds of Feoffment, in the Articles, tho' false, yet were 
conclusive to the Parties'? To which it was answered by the 
Plaintiffs Commissioners, that no such Words had been used 
by them, or any of them; for that they could not suppose that 
the Parties to the said Articles, (who were so largely interested 
and concerned in the Consequence) would make any false Reci- 
tals <therein, which must be so much to the Prejudice of one, or 
the other, of them ; and then appealed to the others of the Mary- 
land Commissioners, whether the Words used by the Plaintiffs 
Commissioners were not to the following purport, viz. That the 
Recitals of one Deed, in another, is not generally, any Evidence 
of the Deeds recited, but that, in the present Case, as the Ar- 
ticles of Agreement were the Act of both contracting Parties, 
we must presume that there were such Deeds, and that they 
were truly recited, and that the Commissioners are to be con 
eluded by them; which the other Maryland Commissioners 
seeming to allow, the said Mr. Ogle put up the said Paper into 
his Pocket again, without saying any more; and then, in Con- 
fidence of Lord Baltimore's Honour, and in hopes that he 
would give Directions to his Commissioners to proceed in the 
Execution of the said Articles, the Plaintiffs Commissioners 
agreed to the Adjournment to the 1st of February following, at 
Newcastle Town aforesaid. That a Quorum of the Commis- 
sioners met at Newcastle, on the 1st of February 1782, and some of 
the Defendant's Commissioners being arrived in the said Town 
the Day before, the Plaintiffs Commissioners having set out 
early in the morning, arrived late at Night ; that the said Samuel 
Ogle acquainted the Plaintiffs Commissioners with the great 



624 PENNSYLVANIA AND MARYLAND 

care the Defendant's Commissioners had taken to come early, 
notwithstanding the great Distance, and the Rigour of the 
Saason; but you, (Gentlemen, (speaking to the Plaintiffs Com- 
missioners) seem to be fatigued with coming 40 Miles only ; 
and therefore let us adjourn to To morrow Morning ; to which 
it was answered, by the Plaintiffs Commissioners, that, unless 
we meet now, with a better Disposition to do Business than 
formerly, a small Part of an Afternoon will be no great Loss. 
That when the Commissioners met the next Day, the said 
Samuel Ogle acquainted the Plaintiffs Commissioners, that 
they were now met to proceed upon Business, and the Thing that 
was before them was the Circle, about the Town of Newcastle, 
and that he would be glad to know what the Plaintiffs Com- 
missioners thought of the Dimensions of that Circle, or Words 
to that Effect? To which it was answered by the Plaintiffs 
Commissioners, that the Defendant's Commissioners could not 
forget that the Reason of their former long Adjournment was 
that they the Maryland Commissioners according to their own 
Request, might have an Opportunity, upon their Lord's Arrival, 
to receive Directions for fixing a Center of the said Circle, and 
carrying the said Articles into Execution. To which the said 
Samuel Ogle replied, That Lord Baltimore had delegated his 
Power to his Commissioners to carry the said Articles into Exe- 
cution, and therefore, he would not interfere ; and thereupon, 
ensued long Debates, concerning the Dimensions of the Circle; 
the Defendant's Commissioners insisting that the Circle, in- 
tended to be run, was the Circle mentioned in the Deed of 
Feoff me at for the Town of Newcastle, whose Diameter was 
something less than four Miles; and the Plaintiffs Commission- 
ers insisted that the Circle to be run, was the Circle mentioned 
in the Articles of Agreement and the Commissions, of the said 
Commissioners, which was a Circle to be run at the Distance 
of 12 English Statute Miles from the Town of Newcastle afore- 
said. That after many Debates upon that Subject, it was pro- 
posed by the Defendant's Commissioners, that the Commission- 
ers on both sides, should take the Opinion of Mathematicians, 
concerning the Dimensions of the said Circle; to which it was 
said, by the Plaintiffs Commissioners, that the Words of the 
Articles and Commissions being express and plain, there could 
be no Use for the Judgment of Mathematicians upon the Sub- 
ject ; and as the said Samuel Ogle had formerly objected against 
any Variation, when the Subject of the Center was debated, 
even tho' there were no express Directions in that Case, it would 
be much more dangerous to depart from a plain and positive 
Description and Direction in the present Case ; but the Defend- 
ant's Commissioners insisting, still, upon taking the Opinions 



BOUNDARY QUESTION. 625 

of Mathematicians, upon the Dimensions of the Circle, they 
were desired, by the Plaintiffs Commissioners to reduce their 
Question to writing, which they long refused to do ; but at last 
stated the Question, concerning the Dimensions of the Circle, 
upon the Words of the Deed of Feoffment; and it being re- 
quested that some of the Defendant's Commissioners should 
sign the said Question, they repeatedly refused so to do; upon 
this, some of the Plaintiffs Commissioners considering that, as 
no Clerks had been introduced, nor any Persons admitted to be 
present at the said Debates and remembering that none of the 
Commissioners at Newtown would sign the Minute of Adjourn- 
ment they therefore, did believe that all this was done with in- 
tent that, there should be no Evidence of what had passed among 
the Commissioners concerning the Execution of the said Arti- 
cles; and the Plaintiffs Commissioners considering the lmpro- 
prietyof their being made use of as Witnesses against their Fel- 
low Commissioners for the Defendant, they, therefore, insisted 
that, at the Time they gave this Answer, to the Question stated 
by the Defendant's Commissioners, the Mathematicians should 
be present, to support their own opinions, if needful, which was 
long opposed by the Defendant's Commissioners, but the Plain- 
tiffs Commissioners insisting on it, that no Answer should be 
given to the said Question, unless they might have the Mathe- 
maticians present, it was, at length agreed to, by the Defend- 
ant's Commissioners and it being late at Night, the Commis- 
sioners adjoui'ned, some of them saying to ten, others eleven of 
the Clock the next Day. That th3 Commissioners ofthe Plain- 
tiffs meeting afterwards, that Night, agreed to reduce to writ- 
ing what they had to say in Answer to the said Question, a 
rough Draft was prepared, by one of the Clock next Morning. 
That the same Morning, being cold, and the Person employ'd 
to draw the said Answer being indisposed, it required some 
considerable Time for the Plaintiffs Commissioners to examine 
and approve of it, which being done, with all the Expedition 
they could, two Persons were employed to copy it, whilst the 
Deponent dictated to them, and this with a Design to read and 
deliver one Copy to the Defendant's Commissioners at the 
Meeting of the Commissioners in the Presence of the Mathema- 
ticians, and the other to be kept and Witnessed by the Mathe- 
maticians proposed to be present. That whilst the said Answer 
was copying, three of the Plaintiffs Commissioners* were sent, 
to meet the Defendant's Commissioners in the Court-House, 
the usual place of Meeting; but in transcribing the rough Draft 
of the same Answer, there was occasion for a Sight of the said 
Ai'ticles of Agreement, and one John Ceorges was sent, for 
40— Vol. XV. 



626 PENNSYLVANIA AND MARYLAND 

them, to James Steel, one of the said three Commissioners who 
had the Custody of them : who left the Commissioners that had 
met, and brought the said Articles to the Commissioners that 
were preparing the said Copies; and the Drafts of the said 
Answer being near finished, the said James Steel staid until 
they should be finished, that the other two Commissioners 
might go, with him, on his Return; and just when the said 
Copies were finished and examined, and the two Commission 
ers and Mathematicians were ready to go to meet the Defend • 
ant's Commissioners, Isaac Norris and Samuel Preston came into 
the Room to this Deponent, and said, that the said Samuel 
Ogle had complain'd of his Waiting so long for a Quorum of 
the Plaintiffs Commissioners beyond the Hour of Adjournment, 
and had left the Place of Meeting; which occasioned great 
Concern in all the Plaintiffs Commissioners, and some of their 
Number were directed to wait on Governor Ogle, and the Other 
Commissioners of the Defendant's and acquaint them, that the 
N on- Attendance of the Plaintiffs said Commissioners at the 
precise Hour, did not proceed from any want of respect to the 
Defendant's Commissioners, or from any unwillingness to attend 
at the Hour appointed, but meerly from an Accident, and to 
request the said Defendant's Commissioners to resort to the 
Court-House their usual Place of Meeting, and the Plaintiffs 
Commissioners would gladly wait on them. That the Person, 
who was directed to wait on the said Commissioners after De- 
parture, returned and said that he had acquainted the said 
Governor Ogle accordingly, and that he replied he must con- 
sider of it. That this Deponent has heard and believes, that 
all the Commissioners on both sides (except this Deponent who 
was indisposed) dined together on that Day. That the Defend- 
ant's Commissioners after Dinner repaired to the House in the 
said Town Avhere Governor Ogle Lodged. That the Plaintiffs 
Commissioners meeting together, agreed to wait upon the De- 
fendant's Commissioners at Mr. Ogle's Lodgings, to excuse 
their Non Attendance in the Forenoon, at the Hour appointed, 
and to request them to meet the Plaintiffs Commissioners at 
the Court-House that Afternoon, and four of the Plaintiffs 
Commissioners went accordingly, and the Deponent followed, 
as soon as he could get into his Chaise; That, upon the De- 
ponent's coming to the said Mr. Ogle's Lodgings, where the 
said Mr. Ogle, Mr. Charles Calvert, and Mr. Edmund Jennings, 
three of the Defendant's Commissioners, were in company 
with Isaac Norris, Samuel Preston. James Steel, and Robert 
Charles, four of the Plaintiffs Commissioners, and the said 
John Georges, the said Mr. Edmund Jennings, upon the De- 
ponant's coming in, left the Room, and the said Mr. Ogle said 



BOUNDARY QUESTION. 627 

he was very sorry to see this Deponent so lame, and asked him 
to sit down; that the Deponent expressed his Concern that his 
Indisposition had given any Disappointment to the Meeting 
of the Commissioners that Morning; to which the said Mr. Ogle 
replied, That he had been very unwilling to give this Deponent 
any uneasiness, and had offered to come to this Deponent's 
Lodging, which the other of the Plaintiffs Commissioners had 
declined. That then, the Deponent said, that the considering 
and framing an Answer to the Question put by the Defendant's 
Commissioners the Night before, with this Deponent's Indis- 
position, and the Lameness of one of the Mathematicians, had 
prevented the Plaintiffs Commissioners Attendance at the 
Time appointed, but that they had provided an Answer, such 
as it was, to their Question, which he might see, if he would, 
and thereupon, this Deponent received from the Hand of the 
said John Greorges, one fair Copy of the said Answer, signed 
by five of the Plaintiffs Commissioners, and delivered the same 
to the said Mr. Ogle, who looking upon the Beginning and End 
of it, offered to return it to the Deponent, who said that that 
was designed for him, and the Plaintiffs Commissioners had 
another of the same. Whereupon, the said Mr. Ogle laid the 
same down upon a Chair, by him. That then the Deponent 
proceeded to acquaint the said Mr. Ogle, and Mr. Calvert (the 
said Jennings having left the Room, as this Deponent verily 
believes, that there might not be a Quorum of the Defendant's 
Commissioners present with the Plaintiffs Commissioners) with 
the Sentiments and Desires of the Pensilvania Commissioners, 
and that they believed themselves hardly used in having an 
Attempt made to break off the Meetings ot the Commissioners, 
because the Plaintiffs Commissioners had delayed meeting an 
Hour, or an Hour and an half, b3yond the Time adjourned to. 
That the Plaintiffs Commissioners had waited as long fur the 
Defendant's Commissioners, the Day before, who appeared to 
have nothing to do, but to walk about in the Room, and that, 
without the least complaining, and therefore they were in hopes 
that that might excuse their Absence that Morning and hoped 
that the Defendant's Commissioners would now meet them, to 
proceed upon the Business before them ; to which the said Mr. 
Ogle replied, That, if they had got any Advantage to the Lord 
Baltimore by the Failure of the Plaintiffs Commissioners, he 
could not answer to give it up. That the Lord Baltimore 
might do what he would, but he questioned, whether he the 
said Samuel Ogle had it in his Power to forego that Advantage, 
or Words to that Effect. Upon which, the Deponent said, that 
he was well assured that the same was no such Failure in the 
Pensilvania Commissioners, by which any Forfeiture could 



628 PENNSYLVANIA AND MARYLAND 

arise to the Lord Baltimore, and that in the Execution of 
Commissions, wherein more Form and Strictness were required 
than in this, the Failure of an Hour or two, if there was an 
offer to meet within the Day, had not been judged such a Fault 
as to determine the Commission; and that he this Deponent 
was sure the Defendant's Commissioners would not rely on the 
said Failure, and again jointly with the other of the Plaintiffs 
Commissioners invited the said Governor Ogle and the said Mr. 
Calvert to meet the Plaintiffs Commissioners with the rest of 
the Defendant's Commissioners, at the Court-House aforesaid, 
when the Plaintiffs Commissioners would be ready to wait for 
them. But Mr. Ogle said there is not a Quorum of our Com- 
missioners here; that he was no Lawyer, and was not used to 
speak upon such Points, and continued in his former Opinion, 
that if his Lordship had gained any Advantage by the Plain- 
tiffs Commissioners Default, he could not answer it to him to 
give it up, or Words to that Effect; upon this Deponent said, 
that, considering the former Conduct of the Defendant's Com- 
missioners, it was no surprize to him to find them so ready to 
break off the Execution of the Articles, upon any pretence, 
how small soever, and thereupon left the Room with the other 
Pensilvania Commissioners, who going together to their own 
Lodgings, agreed that Notice should be given to the Maryland 
Commissioners, to meet them at the usual Place at sixo'Clock 
that Evening, which this Deponent had heard and verily believes 
were served upon a Quorum of the Defendant's Commissioners, 
but tho' the Plaintiffs Commissioners did accordingly attend, 
yet, none of the Defendants' Commissioners met them ; and 
thereupon the Plaintiffs Commissioners caused other Notices 
to be served, upon a Quorum of the Defendant's Commissioners 
(as this Deponent has heard and believes) to meet the Plaintiffs 
Commissioners on the Monday Morning following, and the 
Plaintiffs Commissioners accordingly attended, on the said 
Monday Morning, but none of the said Defendant's Commis- 
sionres met them, they being set out from Newcastle aforesaid 
the Day before, on their Journey back to Maryland. And the 
Deponent further saith that, soon after this, the said Governor 
Gordon laid before the Pensilvania Commissioners, a Letter 
which he had received from the Lord Baltimore, complaining 
of the Conduct ot the Pensilvania Commissioners, and therein 
(reserving to himself any Advantage he might have gained by 
this Failure) gave them Notice to meet his Commissioners at 
Joppa in Maryland, on the 7th of May then next following; 
and thereupon the Pensilvania Commissioners upon perusing 
the said Letter, being of Opinion that the Lord Baltimore by 
the said Articles or Agreement had no power to give such Notice, 



BOUNDARY QUESTION. 629 

immediately dispatched a Messenger, with a Notice to his Com- 
missioners, dated 28th March 1733, to meet them at the Town of 
Newcastle on 16th April then next, in Order to proceed upon the 
Execution of the said Articles, which Notice was served upon 
5 or 6 of the Defendant's Commissioners, as this Deponent verily 
believes. And the Deponent saith that, upon the Return of 
the said Messenger the Pensilvania Commissioners received 
Notice from the Maryland Commissioners, to meet them at 
Joppa aforesaid on the said 7th of May ; that a Quorum of the 
Pensilvania Commissioners attended at Newcastle, on the said 
16th Day of April, in pursuance of their Notice given to the 
Defendant's Commissioners, but the Defendant's Commissioners 
did not meet them. And the Deponent further saith that, 
afterwards, five of the Plaintiffs Commissioners went, and met 
a Quorum of the Defendant's Commissioners at Joppa afore- 
said, on the said 7th of May ; that the Commissioners being 
met and Mr. Ogle taking Notice there was a Gentleman in the 
Room besides the Commissioners, Mr. Jennings said, perhaps 
he is a Commissioner; to which the Deponent made Answer to 
the following Effect, That the said Person was not a Commis- 
sioner, but a Gentleman of Worth, who had accompanied the 
Plaintiffs Commissioners down thither ; That the Business they 
were met about was of a publick Nature, and that, as the Con- 
duct of the Plaintiffs Commissioners at Newcastle, had been 
much misrepresented, and they had been refused Clerks, or any 
Person to be present at their Meetings, they insisted that that 
Gentleman should continue in the Room; to which Governor 
Olge replied, that he had said formerly, that Clerks were un- 
necessary, and was of the same Opinion stjll, but had not 
refused to admit other Persons to be present at their Meet- 
ings: Upon which, he was put in mind by the Pensilvania 
Commissioners of his Conduct at Newtown, where he declined 
exchanging the Minutes of Adjournment, till David French and 
James Hamilton, who were introduced as Witnesses, had left 
the Room, as herein before set forth and then the said Mr. 
Ogle said, if this Gentleman stays in the Room, we desire 
we may have one too; to which it was answered by the Pensil- 
vania Commissioners, With all our hearts, twenty if you please; 
Whei*eupon one John Beale, a Clerk of some Court in Maryland 
was called in by the Defendant's Commissioners. And then 
the said Mr. Ogle begining to speak about the Opinion of the 
Mathematicians, concerning the Circle to be run about the 
Town of Newcastle, the Cmmissioners.of Pensilvania recounted 
the former Conduct of the Defendant's Commissioners and 
how they had disregarded their last Notice to meet at New- 
castle the said 16th of April, and the several Notices given them 



630 PENNSYLVANIA AND MARYLAND 

in Newcastle, in the Month of February to meet at the Court- 
House in the said Town, and especially when Mr. Jennings, 
being in Company with two of the Maryland Commissioners 
and four of the Pensilvania Commissioners, left the Room with 
intent that there might not be a Quorum of the Maryland Com- 
missioners present, with the Pensilvania Commissioners; upon 
which the said Mr. Jennings then interrupted the Pensil- 
vania Commissioners, and said he own'd he had done so, and 
that in the same Circumstance, he would do so again; and then 
it was said by the Pensilvania Commissioners, that Misunder- 
standing had formerly arisen about what passed at their several 
Meetings, they therefore now insisted that the Defendant's 
Commissioners should reduce into Writing any Questions, 
Proposals or Arguments they had to offer, and to sign them, 
and that they the said Pensilvania Commissioners would do 
the like, and thereupon several Papers were exchanged between 
the Plaintiffs and Defendant's Commissioners, concerning the 
Dimensions of the Circle directed to be run about the Town of 
Newcastle pursuant to the said Articles of Agreement, and 
after much Time spent this way, it was proposed by the Mary- 
land Commissioners, that they should immediately adjourn to 
Cape Hinlopen,to which the Pensilvania Commissioners agreed, 
saying they would set out the next Morning, and desired that 
a Minute might be made to that purpose; but then the said 
Mr. Ogle said, that by immediately he did not mean to go so 
soon, but that they would ba ready to meet the Plaintiffs Com- 
missioners there in a Fortnight; To this the Plaintiffs Com- 
missioners said, they could not but think themselves very 
hardly used in being brought upwards of 100 Miles, into a Place 
where they could not be provided with Necessaries for their 
support, merely to be told that they must meet a Fortnight 
after, at another Place, which was above 100 Miles further ; nor 
did they think the said Usage better in the Defendant's Com- 
missioners proposing an immediate Adjournment to Cape Hin- 
lopen, and then declining to stand to it, which the Plaintiffs 
Commissioners believed was proposed only in Expectation that 
the Plaintiff's Commissioners would refuse to agree to it. And 
the Deponent saith that he does likewise believe, that the De- 
fendant's Commissioners so appointing the said Meeting at 
Jopna, was only in hopes that the Plaintiffs Commissioners 
would not meet them there, and thereby the Defendant would 
gain some Advantage; and after many Debates concerning the 
further Adjournment, and the Defendant's Commissioners al- 
ledging that they were obliged to wait upon the Lord Balti- 
more, who was on his Way to make a Visit to the Governor of 
New York, then at Burlington in New Jersey, and therefore 



BOUNDARY QUESTION. 631 

they must adjourn, a Minute was drawn up, assigning for Cause 
of their Adjournment that the Defendant's Commissioners were 
obliged to wait upon the Lord Baltimore ; but it was objected 
to by the Defendant's Commissioners, as unnecessary to have 
the Reason of their Adjournment assigned in the Minute. yet, it 
was insisted upon by the Plaintiffs Commissioners, that as that 
was assigned by the Defendant's Commissioners as the true rea- 
son of their desiring an Adjournment, it ought to be inserted in 
the Minute. And the only Reason the Plaintiffs Commissioners 
could find why the Defendant's Commissioners should oppose 
it, was, lest it should appear they had sent for the Plaintiffs 
Commissioners only to tell them that they met, to adjourn 
from Joppa, to attend their Lord ; That under this Difference, 
the Commissioners on each side continued together till Eleven 
of the Clock at Night, and the Plaintiffs Commissioners observ- 
ing that the Dafendant's Commissioners must wait upon their 
Lord Proprietor, they, at length, agreed to leave the Reason 
aforesaid out of the saidMinute, and then the Minute was pre- 
pared for an Adjournment to Philadelphia, and was signed the 
next Morning; That Quorums of the Commissioners, on each 
side, did afterwards meet at Philadelphia aforesaid on the 26th 
Day of May next following, when it was represented to the 
Defendant's Commissioners, that the Lord Baltimore being 
about to depart very soon after for England, and some of the 
Defendant's Commissioners intending to accompany his Lord- 
ship to Virginia, from whence he was to take his Departure, 
and that the said Mr. Ogle, on resuming the Government of 
Maryland was obliged to renew his Security, which was to be 
executed befoi-e the Governor of Virginia, which required the 
said Mr. Ogle's personal Attendance, upon those Considerations, 
joined to that Of the Unfitness of the Season for running Lines 
in the Woods, an Adjournment to the 3d of September following, 
at Newcastle Town aforesaid, was agi*eed to and drawn up, and 
signed by the Commissioners on both sides; That Quorums of 
the Plaintiffs and Defendant's Commissioners met at Newcastle 
Town, on the said 3d Day of September, and continued together 
three Days, during which Time several Papers were exchanged 
between them, concerning the Dimensions of the said Circle, the 
Plaintiffs Commissioners insisting that the said Circle should 
be drawn at the Distance of 12 Miles from the Town of New- 
castle, and the Defendant's Commissioners persisting in their 
former declared Opinion, that the said Circle should only be a 
Circle of 12 Miles Circumference; They therefore proposed to 
the Plaintiffs Commissioners to adjourn for further Considera- 
tion, until the 14th of November then next, and a Minute thereof 
was accordingly drawn up and signed ; On which Day a Quorum 



632 PENNSYLVANIA AND MARYLAND 

of the Commissioners, on each side, met at Newcastle Town 
aforesaid, and continued together until the 24th Day of the 
same Month, during which time several Papers were exchanged 
between them, principally concerning the Dimensions of the 
said Circle; and the Commissioners on each side persisting in 
their former Opinions concerning the same, it was said by the 
Defendant's Commissioners, that, under this Difference of 
Opinion or Judgment, they must either continue at Newcastle 
aforesaid until the 25th of December then next, or must depart 
from thence without further Adjournment, and a Minute was 
accordingly drawn up, declaring the Sentiments of the Com- 
missioners on each side, and the Reasons of their Departure 
without further Adjournment; Therefore this Deponent saith, 
that the groundless Objections, which were raised by the De- 
fendant's Commissioners against the Validity of the Plaintiffs 
Commission to their Commissioners, their affecting Privacy, 
and refusing to admit Clerks, or to sign and exchange Minutes 
of the Proceedings of the Commissioners, their long Adjourn- 
ment, without any good Reasons for the same ; their endeavour- 
ing to take the Advantage of a small Failure in the Plaintiffs 
Commissioners for Non-attendance; their disregarding the re- 
peated Notices and Requests, made to them by the Plaintiffs 
Commissioners at Newcastle on the 3d of February, and the 
Notices given to them to meet upon the 16th of April ; together 
with their setting up, and insisting upon, a Circle of Dimen- 
sions, different from that which was expressly directed by the 
said Articles of Agreement, and the several other Matters herein 
before declared by this Deponent, are the apparent Causes and 
the true Reasons, why the Deponent believes the Defendant's 
Commissioners never intended to carry the said Articles of 
Agreement into Execution. 



21ST BRANCH, That the Circle, and the Distance of it, were 
well known at the Time of the Agreement, That Lord Bal- 
timore's own Map had many particular Marks and Lines 
relating to that very Circle; That he had above 8 Years 
before that Time the largest Draft of the Peninsula, that had 
ever been seen, with several East and West Lines markt for 
Division thereon; That the Plaintiffs had never been in 
America, to gain any Knowledge on their Parts; and also 
to prove an old Map of the Town of Newcastle. 

Ferdinando John Pari*, [Lib. A. fol. 195. Int. 18. fol. 208.] 

Says that the Circle, round Newcastle, and the Distance that 
such Circle was to be from its Centre, were, at sundry of the 



BOUNDARY QUESTION. 633 

Meetings, had in this Deponent's Presence, between all (or some) 
of the Plaintiffs and the Defendant, in order to the said Agree- 
ment, spoken of and mentioned, many times ; and were by every 
one of them, who spoke of the same, constantly* spoke of, and 
treated as a Circle to be drawn at the Distance of 12 Miles from 
the Centre, and at no other Distance whatever; but that a 
Question did afterwards arise, whether such 12 Miles should be 
Geographical Miles, or English statute Miles; and the Deponent 
hath good i-eason to remember, that neither the Defendant, nor 
the Plaintiffs, did, at any one of the Meeetings between them in 
order to the said Agreement, which the Deponent was present 
at (and he believes he was present at all such Meetings) ever 
mention that the said Circle should be at four Miles, or at two 
Miles Distance from Newcastle, or anything of that sort, but, 
on the contrary, the Defendant the Lord Baltimore, himself, 
spoke of the said Circle at such Meetings, as at the Distance of 
12 Miles from its Center ; and more particularly, upon the Occa- 
sion of his insisting that the Head or North Bounds of his 
Province of Maryland, should go up so far North, as to be 
within 15 Miles South of the Latitude of Philadelphia, the 
Deponent well remembers that the Plaintiffs (or such of them 
as were then present) and the Defendant appeared to be all at 
a loss, to judge, upon their Maps (then produced on each side) 
whereabout such fifteen Miles would fall upon the Map, there 
not being any Scale of Miles either upon the said Lord Balti- 
more's, or upon the Plaintiffs written Map ; On which Occasion, 
the Lord Baltimore, with a Pair of Compasses, measured one 
of the said written Maps, and took his Scale or Measure (as for 
12 Miles) from the Distance which was thei-e laid down between 
Newcastle and the Circle, or Part of a Circle there drawn; and 
from such Measure, set off a larger Distance, as for 15 Miles, 
South of Philadelphia, at which Distance, he had insisted, his 
Head or Northern Boundary should be, and markt one of the 
said written Maps accordingly; and which Uncertainty as to 
the exact Place, where 15 Miles South of Philadelphia would 
fall, or of the Name of any such Place, occasioned the Depon- 
ent, on preparing the 7th Article, in the Draft of the said Arti- 
cles of Agreement, to express the same to some such Effect as is 
therein mentioned. And the Deponent is the rather certain, 
that during the said several Meetings in order to the said 
Treaty, which the Deponent was present at, the said Circle 
was never once mentioned, by any Person, as a Circle at two 
Miles Distance from Newcastle only, for that, along time after 
the Sealing and Delivery of the said Articles of Agreement, 
when the Deponent first heard that the said Articles of Agree- 
ment had not been carried Into Execution in America, but, 



634 PENNSYLVANIA AND MARYLAND 

that a Contest had arose there between the Commissioners oh 
each side, whether the Circle should be two Miles distant, or 
12 Miles distant, from Newcastle, this Deponent was under a 
real Surprise thereat, and had recourse to the Draft of the said 
Articles, and to one engrost Part of the same, then in this 
Deponent's Custody, fearing that some Mistake of the Clerk, in 
copying or engrossing, or byexpressing the Distance in Figures 
only, and not in Words at length, must have given Room 
for making such a Question as that ; And this Deponent, find- 
ing no Mistake either in the Draft or in that engrost Part 
of the Articles which was in this Deponent's Custody, could 
not (in a great length of time after he first heard of such con- 
test between the Commissioners) conceive upon what Founda- 
tion such a Question could be raised. 

The same. [Int. 19. fol. 276.] 

Says that the Western Part of the Circle, as it was drawn 
out upon the Lord Baltimore's and upon the Plaintiffs written 
Maps, which were so produced as aforesaid, did extend West- 
wards, very near to, or even to touch Elk River, and so the same 
was graven and printed off, but whether a Circle to be drawn 
only at 12 Statute Miles Distance from Newcastle, will really ex- 
tend so far Westwards, doth not know ; And saith that, from all 
this Deponent knows, or hath seen, he doth believe that the 
Defendant had the fullest Information relating to the said 
Circle, and the Dimensions thereof: for that the Deponent 
hath, before, and since, the entring into the said Agreement 
betwen the Parties to this Cause, seen many Drafts and Plans, 
where the Circle about Newcastle was laid down, but as to the 
Extent and Distance of such Circle from Newcastle, there were 
either on the Back-side of the written Map so produced and 
markt by the Lord Baltimore as aforesaid, or on some Paper, 
which was then stitched or pinned, or some how afflxt to it, 
such and so many particular Lines and Marks, and Notes and 
Descriptions, relating to the said Circle, as the Deponent, never 
before, or since, saw, in any other Map or Paper whatever, 
either belonging to the Plaintiffs, or any other Person; from 
whence, as well as from the Expressions in the Draft of the 
said Articles of Agreement, and from the said Mr. Senex's 
written 1 Opinion upon the same, the Deponent apprehends and 
believes, none of the Parties to this Cause, and -much less the 
Defendant, were at all ignorant of, or under any Uncertainty, 
then about the Dimensions of the said Circle, but were well 
informed of the same, that it was to be at twelve Miles Distance 
from Newcastle, besides which, in the Draft of the said Articles 
of Agreement there was recited the Charter from the Crown, 



BOUNDARY QUESTION. 635 

of Pensilvania, and the two Feoffments from the Duke of York, 
for Newcastle, and the South Tract, in the very descriptive 
Words, as this Deponent believes (as to the Limits of the Ter- 
ritory granted) of the said Charter and Feoffments, or very 
nearly so. 

The Defendant at fol 362. denies he ever meant or intended 
that the Circle, should be a Circle, whose Semi-Diameter 
should be 12 Miles, and insists, at fol. 360. that if the 
Articles should be decreed to be carried into Execution, 
yet that the Circle was thereby agreed, and ought to be a 
Circle, whose Semi-Diameter is two Miles. 
Now we'll first consider the Grants by themselves, before 
we come to the Agreement, and what are they? The 
Charter of Pensilvania begins, clearly and without any 
Possiblity of Doubt, by a Circle to be drawn Northerly and 
Westerly 12 Miles distant Northwards from Newcastle 
Town; Again, The Duke of York's Feoffment of the 
lowest of the two SouthTracts begins, as clearly and ex- 
pressly, at the Distance of 12 Miles Southwards from New 
castle Town. And what does the Feoffment of Newcastle, 
which was the middle Tract between those two Grants? 
Why, it grants the Town of Newcastle, and all the Lands 
within theCompass or Circle of 12 Miles about the Town. 
Can any Man in his Senses, seriously imagine that this con- 
tains the least Matter of Doubt? He got two Persons to 
sign a Paper, as their pretended Opinion, that the Circle in 
the Feoffment of Newcastle (not the Circle mentioned in 
the Agreement) should be only two Miles distant, but 
though they signed it, and are examined as Witnesses to 
swear that they signed it, they beg our Pardons, they 
wou't say a single Word that they even thought that to 
be a true Opinion as to the Extent of that Circle in the 
Feoffment.* 
But the Defendant would chuse rather to debate upon the 
Feoffment, which he imagines is less clear than the 
others. Now we are not obliged to that, but if we were, 
it would not at all help him. For that particular Feoff- 
ment itself is exceedingly clear in our favour, as al- 
ready observed ; besides which, that very Feoffment, in 
two several Places calls it expressly 12 Miles of Land; 
which absolutely destroys his Construction of the Circle, 
because a Circle, whose Circumferene or Periphery is but 
12 Miles, does not contain 12 Miles of Land, no not even if 
that Circle was compleat; whereas ours is not Half of a 
Circle of Land, as Newcastle lies on the great River side, 
and does not contain any thing near Half 12 Miles of Land. 



636 PENNSYLVANIA AND MARYLAND 

Another thing which shews the distance of the Newcastle 
Circle is, Sir John Werden's Request in behalf of the 
Duke of York in 1680, at first, that Mi". Penn should be 
bounded 20 or 30 Miles North of Newcastle, which at last 
was brought to be but 12 Miles North, and so described 
in the Patent of Pensilvania. 

But when we come to the Agreement, surely we are beyond 
all Imagination of Doubt, both that it was agreed, and 
was intended to be, 12 Miles distant from Newcastle. 

For 1. The Draft of the Agreement, 9 Months under Con- 
sideration, says so expressly. 

2. Mr. Senex's written Opinion on that Agreement says 
so expressly. And that the Town of Newcastle was to be 
taken as a Centre. 

3. My Lord's own Proposals, under his own Hands, describes 
it, in two several Places, in the very first Article of his 
Proposals, a Circle of 12 Miles Distance from Newcastle, 
and in the third Article the Circle of 12 Miles from New- 
castle. 

4. His Articles, so deliberately settled, and afterwards exe- 
cuted under his Hand and Seal, direct it to be drawn at 
the Distance of 12 Miles from the Town of NeAvcastle, 
most expressly. 

And I would beg of my Lord, or his most ingenious Coun- 
cil, to explain my Lord s own Proposal any otherwise. 
Nor is this all. 

5. Paris swears that my Lord, during the Treaty, not only 
spoke of it as at 12 Miles Distance, but took off the 
Measure, as for 12 Miles, from the Circle in the Map, in 
order to measure off and satisfy his Curiosity where the 
15 Miles South of Philadelphia would fall upon the Map. 

6. The Affair of the Circle was most particularly under 
Consideration during the Treaty, and was not a Matter 
that past sub silentio, for, with regard to the Miles at 
which that Circle should be distant from Newcastle, 
you'll please to observe there were only two Distances of 
Miles mentioned in the whole Articles; the one was the 12 
Miles Distance for this Circle, the other was the 15 Miles 
South of Philadelphia; and it is in that Sheet of the 
Draft where both these Distances are mentioned, that Mr. 
Sharpe's general Remark of his own Hand-writing is 
placed, that the Miles, throughout, should be exprest 
English Statute Miles. So that' the Circle was thereby 
the more particularly under Contemplation, and the 
Distance which it was to be at from Newcastle, Avhether 
12 Geographical Minutes, or 12 English Statute Miles. 



BOUNDARY QUESTION. 637 

Yet, this Defendant is so extremely hardy as to say, he 
never meant or intended 12 Miles distant, but that the 
Circle agreed upon, is only two Miles distant. 

The most favourable thing that can be said, and that's 
extremely bad, is, that Mr. Hamilton, who drew this 
Answer for my Lord, had not sufficient Time or Instruct- 
ions, and that my Lord swore to what be drew, and never 
read it over; for otherwise, some of his Perjuries are so 
gross (and so foolish too) that my Lord could not possibly 
have put in such an Answer, he many times flatly con- 
tradicting his own self in Facts, besides the many other 
Places in which he is contradicted by his own Witnesses. 

James Logan, aged 66. [Lib. B. frl. 76. Int. 36. fol. 218.] 

That subsequent to an Agreement made between the Lord 
Baltimore and Hannah Penn, in February 1723, to wit, in May 
1724, there was a Meeting appointed and held between the said 
Lord Baltimore as Proprietor of Maryland, and the Proprietors 
of Pensilvania, at the Greorge and Vulture Tavern in London, 
at which were present on the Lord Baltimore's side, the said 
Lord Baltimore, John Hide of London Merchant, and his Son, 
and on the part of the Proprietors of Pensilvania, two of the 
Plaintiffs with Springett Penn, who claimed a Right in the 
same Province, and Joshua Gee and Henry Goldney, two of the 
aforesaid Trustees of the said Province, Simon Clement, and 
the Affirmant ; and upon opening the Conference, the Lord Bal- 
timore produced, and kept lying on the Table before him, a 
Draft on a Sheet of Paper, which appeared to the Affirmant, 
who eyed it very carefully, to be the fairest and largest Mann- 
script Draft of Chesopeak Bay, and also Delaware, with the 
Peninsula lying between them, an:l the adjacent Parts, that 
ever the Affirmant had seen ; on which Draft there were drawn, 
at least two Eastand West Lines, but to the best of the Affirm- 
ant's Memory, not less than three, which seemed to the Affirm- 
ant as intended to have been drawn with a purpose to express 
the several Divisions that had been thought of for a Partition 
Line between the two Provinces aforesaid ; but by the said John 
Hide and his Son siting between the Afflrmnnt and the said Lord 
Baltimore, the Affirmant was not near enough to observe, so 
precisely the Places by which the said Division-Lines passed, 
as he would otherwise have done, but, in the Lord Baltimore's 
Discourse, he seemed to the Affirmant to be well acquainted 
with the Situation of the principal Parts then discoursed of, 
which were the Provinces of Pensilvania and Maryland, and 
particularly with the Situation of the three lower Counties, 
which the Affirmant well remembers, because the said Lord 



638 PENNSYLVANIA AND MARYLAND 

Baltimore then proposed entirely to release all his Claim to the 
said Counties, and argued that, as the said Counties were by 
his Letters Patent within the Description of the said Prov- 
ince, and the Crown made some Claim to them, it could not 
but strengthen the Title of the Proprietors of Pensilvania 
to the same Counties, or Words to that effect ; but having spent 
several Hours together, the Company parted, for that time, 
and the Affirmant having left Egland in the same Month, can't 
say what was further done therein. 

The same, {Int. GO. fol. 157.] 

Saith that he having come into Pensilvania in the same Ship 
with the Father and Mother of the Plaintiffs in the Sear 1699, 
lived in their Family at the Time that John Penn was born, 
which was in January in the same Year, at Philadelphia, in 
this Province, and the Affirmant afterwards accompanied the 
Father and Mother of the Complainants, with the said John 
an Infant under two years old, on their Way toward England, 
as far as the Capes of Delaware, and although the Affirmant 
was intimately acquainted with the Affairs of the said Family, 
he never heard, and firmly believes, that the said John Penn 
never was in Pensilvania or any other Part of America from 
that Time, until after the Month of May 1732; and that the 
Plaintiffs Thomas and Richard Penn were born in England ; 
and never heard, and verily believes that the said Thomas Penn 
never was in America, until after May in the Year 1732; and 
that Richard Penn has never been in America to this Day. 

Letitia Aubrey, aged 60. [Lib. A. fol. 134. Int. 31. fol. 138.] 

That the Plaintiffs are her Half Brothers, and she has known 
them from their respective Births, and saith the Plaintiff John 
Penn was born at Philadelphia in the Province of Pensilvania 
in America, which she can depose, because she remembers the 
said Plaintiffs Birth there, where the Affirmant's said Father 
and Family then resided ; and in or about the Year 1701. her 
said Father and his Family left Pensilvania aforesaid, and came 
to England, and brought the Affirmant, and the said Plaintiff 
John, along with them, and the said Plaintiff was then about 
a Year and half, or two Years of Age, and no more, and the 
Affirmant is certain that, between the Time of the said Plain- 
tiff's coming from Pensilvania as aforesaid, and the Month of 
May 1732, he the said Plaintiff never was in Pensilvania, or in 
any other Part of America; And saith the said Plaintiffs 
Thomas and Richard Penn were born at Bristol in England, 
after her said Father's Return from Pensilvania aforesaid ; 
And the Affirmant is certain, that the said Plaintiffs Thomas 
and Richard, or either of them, were not at any time in America, 



BOUNDARY QUESTION. 639 

before the said Month of May 1732, and the Affirmant is enabled 
to depose as aforesaid, because of her Nearness of Relation to 
the said Plaintiffs, and the many Opportunities she had of 
seeing and hearing from them, and must needs have known, if 
either of them had gone to America, before the said Month of 
May 1732, and it was in that Month (as she remembers) that 
the Agreement, or Writings between them and the Lord Bal- 
timore, were executed, at which this Affirmant was present, 
and remembers the Plaintiff Thomas went to Pensilvania soon 
afterwards, and upon that Occasion, as she believes, and that 
it was a considerable time after that, before the Plaintiff John 
went there; but the Plaintiff Richard has not been there at all. 

Thomas Penn, {Lib. A. fol. 5. Int. 31. fol. 9.] a servant in the 
family, John Page {Lib. A. fol. 174. Int. 31. fol. 177.] 
Both confirm the foregoing Account, that the Plaintiffs were 
never in America till after the Agreement in Question was 
executed. 

Andrew Hamilton, aged 64, [Lib. C. Sol. 1115 Int. 117. Fol. 874. 
Further on at Fol. 879. J 
Says that at a Meeting of the Commissioners on both sides, 
on 31 October 1732 at Newcastle, a Dispute arising, between 
the Commissioners, about fixing a Center for the Circle about 
the Town of Newcastle, and the Maryland Commissioners then 
proppsing that the Commissioners should walk and view the 
Town, they did so, with some of the principle Inhabitants, 
amongst whom was one John Hoare, then the Surveyor of New- 
castle County, and since deceased ; which said John Hoare then 
produced and delivered to the Pensilvania Commissioners, in 
order to assist and direct them in finding and fixing such 
Center, the Map or Plan endorst NEWCASTLE, which Map 
the said Hoare then told this Deponent, and the rest of the 
said Commissioners, was an old Map or Plan of the Town of 
Newcastle, which he had found amongst the Papers in, and 
belonging to, the said Office of Surveyor of Newcastle County, 
when he the said Hoare was first appointed and put into that 
Office. And says he has good reason to believe that the said 
Map or Plan was drawn or made by one Arnoldus de la Grange, 
who as he has been informed and believes, was an ancient 
considerable Inhabitant of the Town of Newcastle, at and 
before the Grant thereof to Mr. Penn, This Deponent having 
very frequently had in his Custody, and seen, several antient 
Deeds and Publick Writings, bearing Date before the said 
Grant, and also the Attornment of the Tenants of Newcastle 
to Mr. Penn on his first Arrival there ; to which several Deeds, 
Instruments, and Writings, was subscribed or wrote the Name 



640 PENNSYLVANIA AND MARYLAND 

Arnoldus de la Grange, which this Deponent was then credibly 
informed and believes, was the Hand Writing of the said 
Arnoldus de la Grange; and thereby this Deponent became 
accquainted with his Character and Manner of Hand Writing, 
and verily believes all the Names (except a few) which are 
comprised and set down in the said Map or Plan, are the proper 
Hand Writing of the said Arnoldus de la Grange. 



22D BRANCH, That the Defendant was not deceived in the 
Plaintiffs Title, which he very well knew, long before the 
Agreement. 

Ferd. John Paris, {Lib. A. fol. 195. Int. 21. fol. 284.] 

That he cannot take upon him to say positively, how far 
the Defendant the Lord Baltimore, at the Time of entring into 
the said Agreement with the Plaintiffs, was acquainted with 
the Plaintiffs Title, either to the Province of Pensilvania, or 
to the 3 lower Counties of Newcastle, Kent and Sussex ; but 
from the Authentic Records, and other old original Papers, 
which this Deponant hath seen of what past in the Years 1680, 
1683, 1684, 1685, 1708, 1709 1716, 1717, and 1725, relating to the 
said Province and Counties, some of which matters the Defend- 
ant himself was (to this Deponent's Knowledge) a Party to, the 
Deponent doth most assuredly believe, that the Defendant was 
acquainted with the Title under which the Plaintiffs claimed 
the said Province and Counties at the Time of, and long before 
the entring into the said Treaty; nor did the Deponent ever 
hear, that Proprietary William Penn's Title to the said Prov- 
ince of Pensilvania had been, by any Person, or in any Sort, 
objected to, as imperfect, or any way insufficient; and, as the 
Deponent always understood the said Agreement between the 
Parties to this Cause, the Substance thereof appeared to the 
Deponent to be, that, in Consideration of Lord Baltimore's 
releasing to the Planintiffs his Claim to the 3 lower Counties, 
the Plaintiffs should release to him, a Part of the Province of 
Pensilvania; In which Light Deponent conceived, that the 
Plaintiffs Title to the said Province of Pensilvania was the 
Matter that was essential and material to the Defendant. 

The Defendant in his own Answer, Fol. 206. Says he always 
lookt upon the three lower Counties to be his Right, and 
to be appertaining to his Province, and he never ac- 
knowledged or believed that the Plaintiffs had any Right 
or Title thereto whatsoever. How then could he be de- 
ceived in the Plaintiffs Title to them, if he never believ'd 
they had any? 



BOUNDARY QUESTION. 641 

Besides, it's he conveys his Pretensions to the lower Coun- 
ties to them, not they to him. 

What they convey to him, is out of their Province of Pen- 
silvania, which Provinee is exprest, in their Charter, to 
commence from the Beginning of the 40th Degree. 

Moreover neither Party covenants that he has any Title to 
convey what either of them releases, but they were mu- 
tually to release their Pretensions, whatever they were, 
good, bad, or indifferent, to the other. 



23D BRANCH. Of the East and West Bounds of the Peninsula 
and where the Bay of Delaware ends, viz. at Bombays- 
Hook, about 30 Miles below the Town of Newcastle. 

Samuel Preston, aged 75, [Lib. B. Fol. 312. Int. 5. Fol 315.] 

Says the said Peninsula is bounded, on the Eastward from 
the Cape of Virginia, to the Cape at the Mouth of Delaware 
Bay called Cape Enlopen or Inlopen, by the Ocean. From 
thence, by the said Bay of Delaware, which is generally believed 
to extend as far as Bombay-Hook on the said Bay. And, from 
thence by the River of Delaware. 

James Logan, aged 66, [Lib. B. Fol. 76. Int. 5. Fol. 84.] 

That the said Peninsula is bounded, on the Eastward, as far 
as the South Cape of Delaware, by the Atlantick Ocean ; From 
thence, more Northerly, by Delaware Bay and River. He cannot 
preciselj' determine where the Bay of Delaware ends, and the 
River begins. Has heard, from Navigators, that the Bay ends, 
and the River begins, at Bombay Hook, because, upon arriv- 
ing there, they thought the Danger of their Voyage over, and 
for that they had good Anchorage, and safe riding under an 
Island there, but his own Opinion has, always, been that the 
Bay reached to the Bite, between the Mouths of Apoquinimink 
and Red Lion Creeks. 

Thomas Xoxon, aged 40, [Lib. C. Fol. 488. Int. 5. Fol 491.] 

The said Peninsula is bounded, to the Eastward, from the 
most Southern Part thereof to the Mouth of Delaware Bay, 
near Lewes Town, by the Ocean ; From the said Mouth of Dela- 
ware Bay to Bomties Hook, now commonly called Bombay 
Hook, by the Bay of Delaware; and, from the said Bomties 
Hook, as far as e said Peninsula extends Northwards, by 
Delaware River. 

George Fitzioater, aged 66, [Lib. C. fol. 469. Int. 110. fol. 473.] 
That Bombav Hook has always, as this Deponent understood, 
41-Vol. XV. 



642 PENNSYLVANIA AND MARYLAND 

heard and believes, been esteemed the Head of the said Bay of 
Delaware. That Bombay Hook, or the Head of the said Bay, 
is about 30 English Statute Miles to the Southward of the 
Middle of the Town of Newcastle, as he computes and believes. 
And says he became acquainted with the Middle of the said 
Town by his having been frequently in that Town. 
Samuel Preston, aged 75, [Lib. B. fol. 312. Int. 4. fol. 314.1 

Has been acquainted with the Peninsula which contains Part 
of the 3 lower Counties, Part of Maryland, and Part of Vir- 
ginia, 53 or 54 Years, by frequently travelling in divers Parts 
of the said Peninsula; which Peninsula bounds, on Chesopeak 
Bay, towards the West. 
James Logan, aged 66, [Lib. B. fol. 76. Int. 4. fol. 84.] 

Also says that the said Peninsula bounds, to the Westward 
upon Chespoeak Bay. 
Benjamin Eastburn, aged 44, [Lib. C. fol. 678. Int. 4. fol. 685.] 

Has known Part of the Peninsula which contains Parts of 
Virginia, Maryland, and the three Lower Counties about eight 
Years. The Peninsula is bounded to the Westward by Cheso- 
peak Bay. 
Thomas Noxon, aged 40, [Lib. C. fol. 488. Int. 4. fol. 489.] 

Is acquainted with the said Peninsula, and has known it 
about 20 Years. Became acquainted therewith by travelling 
in several Parts thereof by Land, by sailing in and out of Dela- 
ware Bay, and by sailing in some Parts of Chesopeak Bay ; but, 
more particularly, from making a Survey in 1737, by running 
a Traverse from the Town of Newcastle, down, thro' Part of 
Newcastle County, then thro' Kent County, and afterwards 
thro 'Sussex County, to Fenicks's Island, which the Deponent 
was then told had been formerly called Cape Henlopen, and 
had been esteemed the Southern Bounds of Sussex County. 
Says the said Peninsula is bounded, to the Westward, by Cheso- 
peak Bay. 
James Logan, aged 66, [Lib. B. fol. 76. Int. 110. jol. 217.] 

That the Head of the Bay of Delaware in his judgment is 
several Miles to the Southward of the Town of Newcastle ; but 
how many, he can't take upon him to ascertain. 
Samuel Preston, aged 75, [Lib. B. fol. 312. Int. 110. fol. 447.1 

Has known Delaware Bay about 50 Years, and hath heai'd 
and believes that the Head of the said Bay is at Bomba,y Hook 
on the same Bay, which he believes is about 25 or 30 English 
Statute Miles to the Southward of the Middle of the Town of 
Newcastle, but is not very well acquainted with the Distance. 
That he knows the said Town a long Time, and has been very 
frequently there. 



BOUNDARY QUESTION. 643 

24TH BRANCH, Proof of our general Map, and where the 
true Isthmus is, being formed by the Tide Waters flowing 
very near to within 4 Miles of each other, in Apoquinomy 
River and Bohemia River. 

Benjamin Eastburn, aged 44, Surveyor General in Pensilvania 
[Lib. C. Fol. 678. Int. 123. Fol. 685.] 
Has lookt on the Map markt PEN, (which is the Manuscript 
Original General Map whereof you have a printed Copy at the 
Beginning of this Book) Says it was drawn by himself, and he 
believes it is a true Representation of the Parts therein de- 
scribed. For Reasons of his Belief says he drew all the Parts 
layd down in the same, between the Line markt a Parallel of 
Latitude to the Southermost Part of Philadelphia City, and 
another markt T E M, according to a careful and exact Mensura- 
tion of the Parts there represented, made by him. That he 
drew all the other Parts of said Map, representing the Lands 
one Delaware River, Delaware Bay, and the Ocean, down to the 
Place in the said Map called Cape Hinlopen, partly, from his 
own Observations, and partly, from Returns, and Accounts of 
Surveys, made by Deputy Surveyors into the Office of the Sur- 
veyor General of Pensilvania. That Susquehannah River, to 
the Northward of Conestogo Creek, is laid down by Returns 
of Surveys now remaining in his Office. That he drew that 
Part of the said Map which is between the said Line T E M, and 
the Line markt B A L,on the East Side of Susquehannah River, 
from actual Surveys made of a great Part of the Lands repre- 
sented to lie between those Lines Certificates of which Surveys, 
and Plats of the same, have been returned to, and are now in 
the said Office. That he drew the Parts of said Map, laid down 
for, and about, the Head of Chesopeak Bay from the said Line 
B A L down to the Place in the said Map called Sassafras River, 
partly, from his own Observations, and partly from the Obser- 
vations of others, that were communicated to him. And that 
he drew all the remaining Parts of the said Map, to the South- 
ward of the said Place marked Sassafras River on the said Bay 
of Chesopeak, from the best Drafts and Maps thereof that he 
could procure. Has lookt on the Line markt A, and says that 
the River, where the West end of the said Line terminates, 
marked M, is called Bohemia River, which flows out of Cheso- 
peak Bay ; and that the Water or Creek, where the East end 
of the said Line terminates, marked N, is called Apoqueminink, 
commonly called Apoquinomy, which flows out of Delaware. 
Has heard, and believes the Tide-Water does flow, in Bohemia 
River, as high as Letter M, and has also been informed, and 
believes that the Tide-Water, formerly did flow as high up 



644 PENNSYLVANIA AND MARYLAND 

Apoquinomy Creek as Letter N, but is now obstructed by 
erecting a Mill-Dam a-cross the Creek, about a Mile below the 
Place N. To which Dam he has seen the said Water flow. And 
believes the said Places M and N, are about four Miles distant 
from each other. And that he is well assured there is not any 
Place in the said Peninsula or Tract of Land, where the Tide- 
Waters, flowing out of Chesopeake Bay, or Susquehannah River, 
do approach, or come so near to the Tide- Water, flowing out 
of the Bay or River of Delaware, as they do at the said Places 
markt M and N. 

Thomas Noxon, aged 40, [Lib. C. fol. 488. Int. 123. fol. 519.] 

Says the said Map PEN, was drawn by the said Benjamin 
Eastburn, Surveyor General of Pensilvania ; and from this De- 
ponent's Acquaintance with, and Observations from time to time 
of the several Parts of the Country and Places, laid down and 
described in the said Map, And from the Deponent's having 
compared the same with a larger Draft or Map, which this 
Deponent formerly took and drew of the three lower Counties, 
and Part of Maryland, by an Actual Survey, or Traverse, run by 
this Deponent from Newcastle Town on Delaware, down thro' 
that Side of Newcastle County, and thro' Kent and Sussex 
Counties to Lewis Town, and to the South Cape of Delaware, 
and from thence, by the Ocean to Fenwick's Island, and also by 
and from this Deponent's having taken the Bearings and 
Distances of several of the Waters and Rivers about the Head 
of Chesopoake Bay, with, or from, some of the Creeks that 
empty themselves into Delaware River, and of the Bearings and 
Distances of some Parts of the same River, he is induced to 
believe that the Lands and Waters, on the Side of Delaware 
Biy and River, and the Ocean, are laid down and described, in 
the said Map.as correctly and truly as the same could be done, 
without making: an Actual Survey of the Out-Lines of the 
Lands adjoining upon Delaware Bay and River up to the 
Town of Newcastle. As to the Line markt A, he speaks exactly 
as Eastburn does, only postively of his own Knowledge, that 
the Water flows out of Chesopeake Bay to the Head of Bohemia 
River at the West End of that Line markt M ; and that the 
East End of the said Line markt N, is the Head of Apoquinomy 
Creek, which empties itself into Delaware River. And says 
positively that that last Water did flow to Letter N till he him- 
self made the Mill-Dam. which has stopt its Flowing thither, 
by about one Mile now. He says he has measured the Distance 
between M and N, and so knows it to be about four Miles. 
And believes no Waters, flowing out of Chesopeake Bay, ap- 
proach so near, to any of the Waters flowing out of Delaware 



BOUNDARY QUESTION. 645 

River or Bay, as those do, at the Head of Bohemia River and 
Apoquinomy Creek. 

Thomas Miles, aged 49, Surveyor in another Neighboring Prov- 
ince of New Jersey, {Lib. C. Fol. 541. Int. 123. Fol. 542.] 

Believes the said Map was drawn by Benjamin Eascburn ; 
and says that the Draft of the Head of Chesopeak Bay appears 
to him to be drawn nearly agreeable to what it represents. And 
that Delaware River, from Naaman's Creek down to Apoquin- 
omy Creek, is drawn nearly agreeable to the Courses of the said 
River. Which he believes, because he has had frequent Occa- 
sions, for above sixteen Years past to survey Lands on the East 
side of Delaware River, on the Shore side, from the Land op- 
posite to the Mouth of Apoquinomy aforesaid, upward, to the 
Place markt Naaman's Creek, and, in that Time, having taken 
the Breadth of the said River by Mathematical Instruments, 
in two Places, and from other Observations of the Bearings and 
Distances of the several remarkable Points and Places on the 
said River, this Deponent in 1733, framed a Draft thereof, from 
7 or 8 Miles below Newcastle Town up to ten Miles beyond New- 
castle Town; and, has, also, taken a particular Observation from 
the Town of Newcastle down to the Place on the said River 
markt P. which is called the Bite; and has, upon Examining, 
found the said Map to agiee with all his said Experience and 
Observations. Further says, he believes the said Draft of the 
Head of Chesopeak Bay is truely drawn, because it is agreeable 
to Observations made by the Deponent the middle of last Month, 
when, from the Place in the said Map called Turkey Point, he 
observed the Bearings of Susquehanna, Elk, and North East 
Rivers, and also the Course of Chesopeak Bay downward. He 
exactly agrees with Eastburn and Noxon, that the Tide Water 
flows out of Chesopeak Bay, up Bohemia River, to Letter M. 
That the other Water up Apoquinomy does not now, by about 
one Mile, flow to Letter N, because of the Mill-dam, but he has 
observed how high the Tide rises at the Mill-dam, and the small 
Ascent of the Branch from thence to Letter N. and says that, 
before erecting the Mill-dam, the Tide Water did flow as high 
as Letter N. Says that by riding between M and N. he com- 
putes the Distance to be about four Miles. Is not well ac- 
quainted with the Peninsula to the Southward of the Parts be 
has mentioned, but says postively there is not any Place to the 
Northward of Line A. where the Tide Waters, flowing out of 
Chesopeak Bay, and Delaware, do approach and come so near 
as at the Places markt M. and N. 

Jacob Heulings, Esq. , aged 58, Surveyor in West Jersey [Lib. C. 
Fol. 530. Int. 123. Fol. 531.] 

Has looked on the said Map markt PEN, and says it was 



646 PENNSYLVANIA AND MARYLAND 

made by Benjamin Eastburn. That he is acquainted with the 
Water and Branches in the said Map laid down for the Head 
of Chesopeak Bay, with the Lands lying on Delaware River, 
between Newcastle Town and St George's Creek and with the 
Lands lying between the said Head of Chesopeak Bay, and the 
said Lands lying on Delaware as aforesaid. And verily believes 
the said Map is as true and exact a Representation of those 
Parts, as can well be made. The Reasons of his belief are, that 
he has seen a Map which he was informed contained Drafts of 
all the particular Surveys of the Land survey'd in Newcastle 
County. That it appeared by the said Map that all the Land 
in the said County lying on Delaware River, had been surveyed 
and were there distinctly and particularly laid down, together 
with the said River Delaware and the several Creeks or Rivers 
in the said County running into Delaware ; and this Deponent 
with some other Persons skilled in Surveying, in order to try 
the Truth of the same Map, did, with proper surveying In- 
struments, try the Course of the said River Delaware, from 
Newcastle downward below the Bite markt with the Letter P; 
which Courses the Deponent has since compared with those 
laid down in the said Map, and found they exactly agreed with 
them. That, afterwards, the Deponent, and the Persons afore- 
said, went over to the Head of Chesopeak Bay, and there took 
the general Course and Bearings of the Lands, Rivers and 
Waters there, (but collected the Distances from the Informations 
of Persons residing thereabouts) with which Courses and Bear- 
ings of the same Lands, Rivers and Waters, and the Informa- 
tions aforesaid, the Map now produced Avell agrees. That the 
Deponent afterwards, rode, divers Times, a-cross, from the 
said Head of Chesopeak Bay to divers of the nearest Parts of 
Delawai"e River aforesaid and the Branches thereof, and com- 
puted the Distances as well as he could, and. therefore, thinks 
the Distance from the said Head of Chesopeak Bay to the nearest 
part of Delaware River, as laid down in the said Map, is nearly 
agreeable to the true Distances of those Places from each other. 
He has looked on the Line A. and gives exactly the same Ac- 
count as all the rest, of the Tide Waters flowing respectively 
to the several Ends of M and N of that Line, and believes the 
Distance between them to be about four Miles. Is not acquainted 
with the said Peninsula, to the Southward of the Parts he has 
mentioned, but says (positively) there is not any other Place to 
the Northward of Line A, where the Tide Waters, flowing out 
of Chesopeak Bay and Delaware, do approach and come so near 
each other, as they do at the Places Mark'd M and N. 

Note — That Place, therefore between M and N, thus estab- 
lished, where the Tide Waters on each side, flow the nearest 



BOUNDARY QUESTION. 647 

to each other, at four, or, as now, at five, Miles Distance, is 
what we rely on, as the Isthmus and Conclusion of the whole 
Peninsula. And the Matter mentioned by Mr. Logan in his 
Answer to the next Interrogatories forjudging it to be (what 
the others swear it is) the nearest, is an exceeding strong one ; 
for in War Time, when they were afraid of Coasting all round 
the Peninsula, Merchants would most certainly chuse the 
shortest and nearest Land-Carriage for their (roods a-cross 
the Peninsula, which he says, was precisely from the common 
Landing at Apoquinomy Creek, to the common Landing at 
Bohemia River, which Landing-Places for Merchandise were 
but about 7 or 8 Miles asunder. 



25TH BRANCH, Proof where the before-mentioned Isthmus 
formed by the flowing Water is, and also, where another 
Isthmus formed by the navigable Water is. 

James Logan, aged 66, {Lib. B. Fol. 76. Int. 6. Fol. 86. ] 

Takes the Isthmus of a Peninsula to be, where the Navigable 
Waters, on each side, approach the nearest to each other. Says 
the Navigable Waters of Apoquiminink Creek, and of Bohemia 
River, are nearer to each other than any that run into the Bay 
of Chesopeak, and the Bay or River of Delaware. The Reasons 
he has to believe the said Creek and River do approach nearer 
to each other than any other navigable Waters that run into 
the said Bay or River Delaware, are, that in 1706, he went into 
a Boat, up Apoquiminink Creek, to the common Landing on 
the said Creek, and from thence by Land, to the common Land- 
ing on Bohemia River aforesaid, which was then reputed to 
be about 7 or 8 Miles, and at that Time, in the French War, was 
used as a Passage and carrying Place, the nearest between the 
said Bays of Chesopeak and Delaware, for the Conveyance of 
Goods imported from Britain in Fleets under Convoy to Virginia 
and Maryland, Avhich were consigned to Philadelphia and New- 
castle on Delaware. That the Course of Delaware River from 
Apoquinimink, as far to the Northward as the Town of New- 
castle, (which he supposes may be near the same Latitude with 
the utmost Extent of the Bay of Chesopeak) is not very much dif- 
ferent from North, but the Head of Chesopeak Bay is so bro- 
ken, by the three Arms that make it, which come from Bohemia 
River, Elk River, and North-East River, and the Necks of Land 
are so broke, between these several Arms, that there cannot be 
said to be any Parallelism on that side. That at the Head of 
Chesopeak Bay the great River Susquehannah enters which 
last-mentioned River, and the River Delaware, from the said 



648 PENNSYLVANIA AND MARYLAND 

Head of Chesopeak Bay, so much diverge, that in the Latitude 
of Philadelpia, (which at the utmost Extent is not above 24 
Miles more Northerly than the Town of Newcastle) upon a direct 
West Course, they are above 60 English Miles distant from each 
other. That the Waters of Delaware and Chesopeak Bays do 
so diverge, below, or to the Southward of Apoquinimink and 
Bohemia aforesaid, that at the Cape or Entrance of Delaware 
Bay, the Breadth of the said Peninsula, upon a direct West 
Course, is, in his Judgment, not much, if any thing, less than 
the aforesaid Distance of 60 Miles. 

Thomas JYoxon, aged 40, {Lib. C. Fol, 488. Int. 6. Fol. 492]. 

Says that, if the Isthmus of the said Peninsula shall be judged 
to be formed by the nearest approach of the flowing Waters 
out of Chesopeak Bay into the Rivers or Creeks thereof, and 
of the flowing Waters out of Delaware Bay and River into the 
Creeks thereof — Then the Isthmus is formed by the Head of 
Bohemia River, which runs into Chesopeak Bay, and the Head 
of Apoquinomy Creek that runs into Delaware. The Waters 
of which Creek and Rivers did, about 12 or 13 Years ago, flow 
within about four Miles of each other, but now by reason of a 
Mill erected on the said Creek, they don't flow nearer to each 
other than about five Miles. But, if it shall be judged that the 
Isthmus is form'd by the nearest approach of Chesopeak Bay, 
and Delaware Bay or River to each other— Then the Isthmus 
of the said Peninsula is formed, by the Eastermost Part of the 
Head of Chesopeak Bay aforesaid, near the Mouth of Susque- 
hannah and North-East Rivers, and that Part of Delaware 
River about four Miles below the Town of Newcastle, called 
the Bite, because, there, as the Deponent from the best Obser- 
vation he has made believes, the said Bay of Chesopeak, and 
the River of Delaware are nearer to each other, than any other 
Parts of the Bay of Chesopeak and Delaware River, or the said 
Bays of Chesopeak and Delaware, Which Bite and Head-Line 
of Chesopeak Bay, the Deponent believes are near, or about, 
twenty-two Miles distant from each other. And that, from the 
said Bite, and the Head of Chesopeak Bay aforesaid, the Waters 
of Delaware River and of Chesopeak Bay, do diverge from each 
other, both upward, and downward. 

Thomas Noxon, aped 40, [Lib. C. Fol. 488. Int. 124. Fol. 525.] 

He has look'd upon the produced Map mark'd P E N.and upon 
the Line in the said produced Map mark'd B. Says that the 
Water at the West End of that Line and Markt 0,is Part of 
the Head of Chesopeak Bay, and that the Water at the East 
End of the said Line at the Letter P. is called the Bite of Dela- 
ware River below the Town of Newcastle. And says the Dis- 



BOUNDARY QUESTION. 649 

tance between the Waters at O. at the West End, and P at the 
East End, is, as he believes, near, or about twenty-two Miles, 
he being well acquainted with the said several Places and the 
Lands lying between them, and lives in the said County of 

Newcastle. 

i 

Jacob Heuliiigs, aged 58, [Lib. C. Fol. 530. Int. 124. Fol. 589. ] 

Says exactly the same as Mr. Noxon, and that he by riding 
between the said Places O and P, did compute the Distance 
between them was about twenty-two Miles ; and he adds that, 
at tbe said Places mark'd O and P, the Bay of Chesopeak and 
the River of Delaware do approach nearer to each other, than 
the said Bay of Chesopeak or the River Susquehannah due to 
the said River Delaware, in any place to the Northward of the 
said Places ntark'd O and P. 

Thomas Miles, aged 49, [Lib. C. Fol. 541. Int. 124. Fol. 550. ] 
Says the same as Mr. Heuliiigs, 

Benjamin Eastbum, aged 44, [Lib. C. Fol. 678. Int. 124. Fol. 693. ] 
Confirms all the same, and says the Distance between O and 
P, as he computes and believes from personal Observations 
which he himself has made there, and from credible Accounts 
which he has had from other Persons, is about 22 English 
Statute Miles. And is well satisfied there is not any other 
Place upon the said Peninsula or Neck of Land which lies 
between the Bay of Chesopeak and Susquehanna River on the 
one side, and the Bay and River of Delaware on the other, 
where Chesopeak Bay and Susquehanna River, approach or 
come so near to the Bay or River of Delaware, as the Bay of 
Chesopeak at the Letter O does to the River of Delaware at 
the Letter P as described in the said Map. 

Note — You are not to expect that the Defendant should 
endeavour to clear up this, or any other Point, he affects only 
to render doubtful and uncertain; and therefore, has not ex- 
amined to any thing in certainty about this, or many other 
matters ; and as the main Waters themselves approach nearest 
here between O and P, this may be thought, on that account, 
the true Isthmus; we think otherwise, because the flowing 
Waters, as before observed, meet, (lower down) within 4 Miles 
of each other, whereas these are 22 asunder ; and we think the 
narrowest Neck must make the Isthmus which is about 9 Miles 
more South, than the Line which we are now upon ; but, if 
this be thought to be the Isthmus, it does not at all hurt or 
effect our Case, or any one of our Arguments. 



650 PENNSYLVANIA AND MARYLAND 

26TH BRANCH, Proof of several Springs that arise in the 
Peninsula, and run, from the same common Head, both 
ways, into the Bays on each side of the Peninsula. 

James Scotten of Maryland, aged 36, [Lib. B. Fol. 294. Int. 21. 

Fol. 295.] 
Is pretty well acquainted with some Parts of the Neck of 
Land [he means the Peninsula] which lies between the Bay of 
Chesopeak and the Bay and River of Delaware. That the Lands, 
on the West side of the said Neck, are called Maryland, and are 
under the Government of Lord Baltimore ; and the Lands, lying 
on the East side of the said Neck, are called the three Lower 
Counties of Newcastle, Kent and Sussex, and are under the 
Government of the Proprietors of Pensilvania. Says that the 
Risers Choptank — Chester — and Sassafras, take their Rise in 
the said Neck, and, he believes, empty themselves into the Bay 
of Chesopeak. And that the Creeks commonly called Jones's 
and Duck Creek take their rise in the said Neck, and, as he has 
been informed and believes, empty themselves into the Bay or 
River of Delaware. Says there is a Pond in the said Neck, 
called Island Pond, from whence a Stream runs into the Head 
of Chester River aforesaid. And that there is another Pond 
in the same Neck, about three Quarters of a Mile distant from 
Island Pond aforesaid from whence a Stream runs into Chester 
River aforesaid, and also from whence another Stream runs into 
Duck Creek aforesaid. 

Thomas Powell of Maryland, aged 41, [Lib. B. Fol. 298. Int. 21. 

Fol. 299.] 
Is pretty well acquainted with some Parts of the said Neck 
of Land which lies between the Bay of Chesopeak, and the Bay 
and River of Delaware. Says the Lands on the West side of the 
said Neck are called Maryland, and are under Lord Baltimore's 
Government ; and the Lands lying on the East side of the said 
Neck are called Newcastle, Kent, and Sussex, and are under 
the Government of the Proprietors of Pensilvania. Says the 
Rivers of Choptank and Chester take their rise in the said Neck, 
and he believes, empty themselves into the Bay of Chesopeak 
and that the Creeks commonly called Jones's and little Duck 
Ci*eek also take their rise in the said Neck, and as he believes, 
empty themselves into the Bay or River of Delaware. Says 
there is a Pond in the same Neck, called Island Pond, from 
whence a Stream runs into the Head of Chester River aforesaid, 
and also, from whence, another Stream runs into Jones's Creek 
aforesaid And that there is another Pond in the same Neck, 
about three quarters of a Mile distant from Island Pond afore- 
said, from whence a Stream runs into Chester River aforesaid, 



BOUNDARY QUESTION. 651 

and also from whence, another Stream runs into Delaware. 
And that there is a narrow Swamp, in the said Neck, from 
whence, two Streams issue, one of which runs into Choptank 
River, and the other into Jones's Creek aforesaid. 

James Logan, aged 66, [Lib. B. Fol. 76. Int. 21. Fol. 129.] 

Is well acquainted with the said Neck of land lying between 
Chasopeak Bay, and the Bay and River of Delaware, the Lands 
on the West side of said Neck are Part of Maryland, and with the 
Inhabitants thereof are under the Jurisdiction and Government 
of Lord Baltimore; and the Lands on the East side of the said 
Neck is the County of Newcastle, and further down the Bay of 
Delaware, are the Counties of Kent and Sussex, and which 
said three Counties are under the Government and Jurisdiction 
of the Proprietors of Pensilvania. Says there are several Rivers 
and Streams of Water which rise in the said Neck, and empty 
themselves into the Bay of Chesopeak, viz, Bohemia, Sassafras, 
Chester and Choptank with divers others. Says there are sev- 
eral other Rivers or Creeks and Streams of Water, which also 
rise in the said Neck, and empty themselves into the said Bay 
and River of Delaware, viz. Red Lion Creek, St. George's Creek, 
Apoquiminink Creek (all within a very few Miles of each other) 
Duck Creek. St. Jones' Creek, Murtherkill and divers others to 
the Southward. But, as to the first Fountains or Springs of them 
it's well known that not only Peninsulas but Continents, have 
most frequently, a rising Ridge, from which the Springs of the 
Waters, flowing contrary ways often rise very near to each other, 
tho' their Mouths are, not unfrequently, above 1000 Miles dis- 
tance from each other. Has heard and believes that some of 
the Streams, issuing from the Springs in the said Neck, very 
nearly interlock with each other ; but the Navigable Water of 
the nearest of tbem, (below what has been abovementioned of 
Apoquiminink and Bohemia) to the best of his information, is 
more than twenty Miles Distance. 

Mark Manlove, aged 61, [Lib. B. fol. 42. Int. 21. fol. 43.] 

Knows a Part of the said Neck of Land, and gives the like 
Account as the others, as to the West and East Sides of it, being 
under Maryland and Pensilvania Government. Has seen the 
River Potomoke — Wicotomoco — Nauticoack — Choptank — Wye, 
and — Miles, which take their Rise in the said Neck; and he 
believes, by their descending towards Chesopeake Bay, that 
they empty themselves into it. Has likewise heard and believes, 
that the Rivers Chester — Sassafras, and Bohemia also take their 
Rise in the said Neck, and empty themselves into Chesopeak 
Bay aforesaid. Has also heard, and believes, that the Rivers 
Elk and North-East empty themselves into the said Bay of 



652 PENNSYLVANIA AND MARYLAND 

Chesopeak ; but does not know, nor has heard where they rise. 
Says, that Muspillion and Murderkill, Dover and Little-Creek — 
also take their Rise in the said Neck, and empty themselves 
into the Bay of Delaware. And that Lewes Creek, formerly 
called the Whorekills — Broadkill — Prime-Hook — Slaughter- 
Creek — Cedar-Creek — Duck-Creek — Blackbird-Creek — Apoqui- 
nimink — St. George's — Christiana — and others empty them- 
selves into the Bay and River of Delaware; but where they 
respectively take their Rise, knows not. That one of the 
Branches of Nauticoak River and one Branch of Muspillion 
Creek aforesaid flow from a Pond of Water of about 4 or 5 
Acres. And that there is another Branch of the said Muspillion 
Creek, whose Rise he does not know, which extends itself much 
further to the Westward than the said Pond ; and believes it 
takes its Rise from the same Swamp or Pond with another 
Branch of the said River Nauticoak. And that one of the 
Branches of Murderkill aforesaid, at its Rise, is divided from 
the Rise of another Branch of the said River ISiautieoak, only 
by a small Ridge of about 3 or 4 Rods Breadth. And that the 
main Branch of the said Murderkill, extends still much further 
to the Westward. That one other Branch of Murderkill afore- 
said, and a Branch of Choptank River aforesaid, take their Rise 
from one and the same Marsh or Piece of low Ground, contain- 
ing about 7 or 8 Acres. That one of the Branches of Dover 
Creek, and of the said River Choptank, take their Rise from 
one and the same Piece of low Ground or Swamp, containing 
about 40 or 50 Acres. And that several of the Rises of the Rivers 
and Creeks aforesaid, that empty themselves into Delaware Bay 
aforesaid, lie to the Westward of the Rises of the said Rivers 
that empty themselves into the said Bay of Chesopeake: so 
that they interlock in many Places. 

Note — These 4 last Depositions are to counterprove an idle 
thing, attempted by one Witness for the Defendant, who 
wants to carry the Isthmus (of a Peninsula) up, he himself 
knows not where, into the main Continent, he having found 
out a Place Avhere two little Springs of Water rise, very near 
together, within a Quarter of a Mile of each other, and which 
Waters he does not pretend are Tide Waters, or flowing Waters 
from the Sea, Bays or Rivers. To answer any Pretence, there- 
fore, of that kind, we have proved what? Why that down 
below, in the very Peninsula itself, there are many such Places, 
not only where the Spring Heads almost meet, but where 
they quite meet, and more than meet, for that they interlock ; 
Nor is that all, for, we have gone much farther, and shewn 
several and several Waters, rising in the very Peninsula itself, 
and from one and the same Swamp or Head, which run one 



BOUNDARY QUESTION. 653 

way into Chesopeake, and the other way into Delaware and 
which, according to this Notion, would make the Peninsula 
(pardon the Absurdity of the Expression, for the sake of expo- 
sing the Absurdity of the Point contended for) to consist of 
several compleat Islands. 



27TH BRANCH, Proof where Lord Baltimore's oldest Line, 
which he claimed in 1635, lies. 

Benjamin Eastburn, aged, 44, [Lib. C. fol. 678. Int. 129. fol. 704. ] 
Has again lookt upon the Map markt PEN, and tipon the 
Red Line therein, markt 1635, and says that Line is drawn 
agreeable to a Line drawn for the Northern Bounds of Maryland 
in another Map produced to him, whereon these Words (Map 
of Maryland 1635, copied per Herman Moll) are endorsed, and 
at the top of the Inside whereof is the Title Nova Terra? Marice 
Tabula. And has heard and believes the last-mentioned Map 
was publisht in the Year 1635, by Order of the then Lord Bal- 
timore Proprietor of Maryland, and fixed in a Book publisht 
by the same Proprietor, intitled, A Relation of Maryland, 
together with a Map of the Country the Conditions of Planta- 
tions and his Majesty's Charter to the Lord Baltimore, trans- 
lated into English. 

Note — The Copy of Lord Baltimore's Map of 1635, produced 
to this Witness in America, is an exact Copy made from that 
in Sir Hans Sloane's Book, proved by Doctor Stack here. 
And this Line proves two very material Things, viz. 

1. That tho' Lord Baltimore, so early, claimed, above all 
the Bay of Delaware, above all the Peninsula, above the 
true Isthmus of that Peninsula, and even to the Head 
of Chesopeake Bay, and quite to the Extremity of the 
40th Degree compleat, yet, all that was South of the Line 
which we have now granted to him by the present Arti- 
cles by near 8 Miles. (And that Width of 8 Miles is 5 
whoie Degrees in Longitude.) 

2. It proves where he himself placed the Line of 40 compleat 
in 1635, namely, precisely at the Head of Chesopeake Bay, 
and 23 Miles South of every Part of Philadelphia. But 
now, he says, modern Discoveries have carried the Line 
of 40 compleat up as high as, or even above Philadelphia ; 
so contends that his Grant of Part of a Peninsula shall 
also grow to that Extent up into the main Continent. 



654 PENNSYLVANIA AND MARYLAND 

28TH BRANCH, Proof where the Octorara Line run by Lord 
Baltimore in 1683, lies ; also where the Line for Temporary 
Jurisdiction, lately run in 1739, by Order of the King in 
Council, lies. 

Benjamin Easiburn, aged 44, [Lib. C. fol. 678. Int. 125. fol. 696. j 
Has iookt upon the Map now produced, markt PEN, and 
upon the Line in the said Map markt B A L. says, the said Line 
is called or known by the several Names of the Octorara Line, 
Colonel Talbot's Line, and Lord Baltimore's Line, but most 
commonly by the Names of the Octorara Line, and Lord Bal- 
timore's Line. And says, that the Reason of the said Line 
being called by the said several Names, was, as he has heard 
and believes, the said Line was run and markt out by one 
Colonel Talbot, from the Mouth of Octoraro Creek, as described 
in the said Map ; and that the same was so run and laid out by 
the Order and Direction of Lord Baltimore; and who, as he 
has heard, was present at the Running of the same Line or Part 
thereof. And says he has heard and believes that the Course 
of the said Line was run from the Mouth of the said Creek 
East, according to the Compass. Says, there are several People 
settled and dwelling upon the South Side of the said Line, and 
near thereto, who hold their Lands by Grants from the Pro- 
prietor of Maryland, and own that Government. And that as 
he believes, there are not any Settlers to the Southward of 
the said Line (and to the Westward of the 3 lower Counties) 
who hold their Lands under the Proprietors of Pensilvania, or 
own the Government of Pensilvania. And says, there are also 
several People settled upon the North Side of the said Line, 
and near thereto ; and that the greatest Part of them hold their 
Lands by Grants from and under the Pensilvania Proprietors, 
and own that Government. And that there are also some 
People (but the Number of them he knows not) who are settled 
to the Northward of, and near to the said Line, who hold th^ir 
Lands by Grants from the Proprietor of Maryland, and own 
that Government ; and that the first of such Settlements under 
Maryland Rights, was not above 30 Years ago. And says, he 
has lookt upon the said Map, and upon the Line therein markt 
T E M. And says, the said Line is called The Temporary Limits 
between the said Provinces of Pensilvania and Maryland, and 
was run, in pursuance of an Order of the King in Council, in 
the Months of April and May, 1739. That the said Line, from 
the East End thereof as far as the River Susquehanna, was run, 
by this Affirmant, as a Surveyor on the Part of Pensilvania, 
and William Rumsey, and John Ladd, as surveyors on the Part 
of Maryland, under the Directions of certain Commissioners 
appointed by the respective Governors of both the said Prov- 



BOUNDARY QUESTION. 655 

inces. And says the Course of the said Line is true West. And 
that the said Temporary Line, at the said River Susquehanna, 
is between three and four Miles to the Northward of the West 
End of the Line in the said Map markt B A L. or Oetorara Line 
aforesaid And further says, that the residue of the said Line, 
which is on the West Side of Suquehanna River, was run by 
this Affirmant and Samuel Lightfoot, according to the Direc- 
tions of the said Order of the King and Council, The Place of 
Beginning of such Residue of the said Temporary Line from 
the West Side of Susquehanna River aforesaid, being first settled 
and agreed upon by and between the said Commissioners on 
both sides. 

Note well— The Order made by the King in Council for 
running this Temporary Line for the Exercise of Jurisdic- 
tion, and to prevent Riots, was made in 1738, pending this 
Suit. Lord Baltimore would not consent that the very Line of 
the Articles should be run for that Temporary Limit, lest it 
should confirm the Articles: and yet it was to be something 
near that Line, but not the very Line of the Articles ; There- 
fore it was ordered, That, on the East Side of Susquehanna 
River, the Temporary Line should be (not just fifteen Miles, 
but) fifteen Miles and a quarter South of Philadelphia, and, 
on the West Side of Susquehannah River, (not just fifteen 
Miles, but) fourteen Miles and three quarters South of Phila- 
delphia. 

This is exceedingly material, for hereby it appears that the 
Temporary Line, when 15 Miles and a quarter, is yet near four 
Miles (and the real Line of the Articles is full four Miles) North 
of the Oetorara Line; just so much, and for the whole Length 
of the Longitude of Pensilvania, (which is no less than five 
whole Degrees in Longitude) have we given, by the present 
Articles, over and beyond the most excessive of all the Claims 
from time to time made by Lord Baltimore, and his Ancestors, 
purely as a Consideration, and a very large and ample one too, 
to buy off his Nominal Claim to the three lower Counties. 
Nay, we have given a great deal larger Space ; for please to re- 
mark the Oetorara Line of 1683, was run East according to the 
Compass, and this Temporary Line is run true East and West, 
allowing for the Variations ; so that when you come to run anv 
Distance Westwards, then instead of four Miles they will be 14 
or 24 Miles, or a great deal more even than that asunder ; All 
which Space for the whole five Degrees of Longitude, we'have 
granted to him, on our Part by the Articles, as the valuable 
Consideration for purchasing the Release of his Claim to the 
three lower Counties, and all this Land so given by us to him, 
is at least 26 Miles above every Part of the Bay of Delaware, 



650 PENNSYLVANIA AND MARYLAND 

and is not in the Peninsula, but up within the main Con- 
tinent, at least seventeen Miles further North than uur true 
Isthmus. And at least nine Miles further North than the 
upper Isthmus. To such a great Degree had his former Claims 
and Encroachments extended ; and to so much greater a De- 
gree, beyond all that,have we now given to purchase our Peace. 



29TH BRANCH, containing Proof of many old Maps Foreign 
and English, (made before the Year 1680; which lay down 
both Cape Cornelius and Cape Hinlopen, and in the same 
manner as the Map in question did, also, where our Cape 
Hinlopen really lies; That the whole Country thereabouts 
was formerly called Hinlopen, as well as that particular 
Spot, that there is the Appearance of a Cape at our Cape 
Hinlopen ; That the South Bounds of the Whorekiln Dis- 
trict, or Sussex County, extended thither; That the Dutch 
had a Boundary Tree in their time, there; That Mr. Penn 
granted out Lands to that Place, (as soon as ever he had 
his Feoffment) particularly to the Duke of York, and several 
others ;and still possesses very near to it ; and that the first 
Cursory Claim of Maryland a little North of that South 
Boundary, began but in the Year 1696 ; also an Account for 
what Reasons, something like the Name of that old Cape 
has, lately, been transferred up to the Mouth of Delaware 
Bay. 

Thomas Grceme, aged 51, [Lib. C. fol. 666. Int. 130. fol. 672. ] 

Has lookt upon the Map, markt D U T, and says, that the 
great Bay or River laid down therein, next to Chesopeak Bay, 
is now called Delaware Bay. That he has lookt upon the 
Place laid down there, for the Entrance into the said Bay of 
Delaware. And says the Capes, that form the Entrance into 
the same Bay, are, in the said Map, called Cape Cornelius and 
Cape May; To the Southward of which, there is another Cape 
laid down, in the said Map, which is there called Cape Hinlopen. 
Does not know when the said Map was printed or published ; 
but says, he was at Leyden in Holland, in 1712, and there 
bought the said Map, amongst a Bundle of other Maps, all 
loose, at a publiek Auction. 

Benjamin Eastburn, a Surveyor, aged 44, [Lib. C. fol. 678. Int. 

130. fol. 705.] 

Has lookt upon the said Map markt D U T, and says, the 

great Bay or River laid down in the said Map, next to the Bay 

of Chesopeak, is now called Delaware Bay. That there is a 



BOUNDARY QUESTION. 657 

Cape laid down in the said Map, to the Southward of the En- 
trance into the said Bay of Delaware, which is there called Cape 
Hinlopen. And the Westermost Cape, which forms the Entrance 
into the said Bay, is there called Cape Cornelius, and the 
Eastermost Cape May. [What are the very Words of our Ar- 
ticles? at Cape Hinlopen, which lies South of Cape Cornelius.] 
Has seen Maps publisht in a Book generally called Ogilby's 
America, in which the said Capes, to the best of his Memory, 
are all called by the same Names, given to them in the said 
Map markt D U T. Has never seen any Map or Maps of the 
same Bay, which he believed were publisht before the year 1680, 
wherein they were called by other or different Names. Does 
not know when the said Map markt. D U T, was publisht, but 
believes it was made a long time ago, and before the Year 1680. 
And the Reasons of such his Belief, are, that he has heard and 
believes, the Dutch were formerly in Possession of the Province 
of New York, and all the Lands between it and Delaware Bay 
and River, and of the three Lower Counties of Newcastle, Kent, 
and Sussex on Delaware; which Possession they surrendered 
some time in 1664, to the English. And it appears by the said 
Map, that all those Counties and the several Parts of them, 
represented in the said Map, are distinguished and called by 
their former Dutch Names; and yet, the several Parts of Vir- 
ginia and New-England, there, laid down, are, for the most 
part, called and distinguished by English Names. 

Ferd. John Paris, [Lib. A. Fol. 195. Int. 20. Fol. 280.] 

That he doth not know, nor hath he any reason what- 
soever to believe, that in the Entering into, or concluding 
the said Agreement with the Lord Baltimore there was any 
manner of Deceit or Imposition put upon the Lord Balti- 
more, by describing two Capes on the Eastern side of the 
Peninsula, one called Cape Cornelius, and the other called Cape 
Hinlopen; nor in laying down Cape Hinlopen below, or more 
Southward, than Cape Cornelius, and the Reasons why this 
Deponent doth not believe that his Lordship was at all 
imposed upon, or deceived therein, are, that the Lord Balti- 
more's own written Map, so produced and mark'd by him, 
appeared to contain both the said Capes, with their Names, in 
the like manner, as the written Map so produced by the Plain- 
tiffs, or one of them did. And not only so, but this Deponent 
hath seen printed Maps which appear to be (and this Deponent 
supposes the same are) old foreign Maps; and hath also seen a 
large printed Work of several Volumes in Folio, said to be 
done by John Ogilby Esq ; Cosmographer and Geographick 
42— Vol. XV. 



658 PENNSYLVANIA AND MARYLAND 

Printer to the late King Charles the Second, and said to be 
printed (and which this Deponent supposes might be printed) 
in the Year 1671, before the Date of any of the said Grants to 
Proprietary William Penn; in one of the Volumes of which 
Work, now produced and shewn to this Deponent, and Letter' d 
on the Back thereof (Mr. Ogilby's Atlas, Tom. 2.) a printed 
Map is contained, between Fol. 168 and 169, wherein both the 
said Capes are clearly and distinctly mark'd, in some such like 
manner, to this Deponent's Belief and Apprehension, as they 
were in the Lord Baltimore's, and in the Plaintiffs respective 
written Maps, so produced as aforesaid. 

James Logan, aged 66, [Lib. B. Fol. 76. Int. 11. Fol. 109.] 

Saith as he has collected from his Reading, that, after the 
Northern Continent of America had been discovered by Sebas- 
tian Cabot sometime before the Year 1500 by Commission 
from King Henry the Seventh of England, the first Englishman, 
that this Affirmant finds to have taken Notice of the said Bay 
and River now called Delaware, was the Lord Delaware, who in 
his Voyage to Virginia as Governor of that Colony, in the Year 
1610, seems to have given it that Name, some time after whicb. 
it is most certain, that the Dutch were the first that took Pos- 
session of the Land upon the said River and Bay; and Corne- 
lius May, a Dutch Skipper, in his Voyage to New Netherland 
appears to have given his Christian Name to the Southern Cape, 
and his Surname to the Northern Cape of the said Bay, which 
Name the said Northern Cape retains to this Day ; and from 
the said Cornelius it appears, that some Place in the said Bay, 
was called Newport May and saith, that he finds also, by the 
Swedish Histories, that Gustavus Adolphus, King of Sweden, 
Avho was killed at the Battle of Lutzen in Germany, in the 
Year 1632, had in his Life-time, sent a Colony of Swedes into 
the said Bay and River; but is well assured, from the said 
Histories, that under the Reign of Christiana, Queen of Sweden, 
between the Years 1640 and 1645, a large Colony of that Nation 
were sent into the same Bay and River, who built several Forts, 
and made considerable Settlements, very soon after their Arrival 
there; particularly at Elsenburgh, on the East Side of the said 
Bay ; and on the West of the said River, upon Christiana Creek 
so called from the said Queen's Name; also at or near Upland 
which Name that Place retained till the Proprietor William 
Penn's Arrival, who changed it into that of Chester; And 
further saith, that after this, (as he finds by the said Histories) 
in the Year 1655, the Dutch Government of New Netherland, 
considering those Settlements of the Swedes as an Intrusion 
and Invasion of their Right and former Possession, sent a mili- 



BOUNDARY QUESTION. 659 

tary Force sufficient to dislodge them ; upon wkich the Swedes 
submitted, and from that time acknowledged the Dutch Gov- 
ernment. But in the Year 1664, (as he has collected from His- 
tories) a Fleet was fitted out from England, to reassert the 
ancient English Claim, as Prior to all the others Possessions; 
which Fleet first attacking the Fort at New Amstell, now called 
New York, took the same from the Dutch by Surrender ; as 
also very soon after, the Bay and River of Delaware, which 
having been, before that Time, called by the Dutch South- 
River (in contradiction to Hudson's River, which was called 
by them the North River) the said River, from that Time of its 
Capture, had its first Name of Delaware restored to it. And 
farther saith, that from the said Year 1664. to the Year 1673, the 
Country upon the said Bay and River, continued under the 
English Government, and received divers Inhabitants from New 
York and Long Island: but the Dutch having in the War de- 
clared by England against the States General in 1672, retaken 
the Colony of New York, and with it the said Bay and River 
of Delawai'e, the same were re-surrendered by the Dutch, to the 
English, by the Treaty of London in February, 1673; and, from 
that Time, the said Country hath ever since continued under 
the English Government, and particularly under the Govern- 
ment of the Duke of York till March, 168^; at which time the 
upper and West side of the said River, beginning 12 Miles 
Northward of Newcastle Town, was by the Patent from King 
Charles the Second, granted to the said William Penn, with 
large Powers of Government, under the Title of the Province 
of Pensilvania, and the following Yeai-, viz. in August 1682, 
the said William Penn obtaining Grants, from the said Duke 
of York of all the Lands on the West side of the said River and 
Bay of Delaware, Southwards of 12 Miles Distance from New- 
castle, to the Cape, he, in the said Year 1682, arrived himself 
in the said Province, and transported thither, from England, 
a vast Colony, in 32 Ships, at sundry times before he himself 
left the Country in 1684; in which Expedition, during the said 
William Penn's continuance in the Country, (which did not 
amount to the full Term of 2 Years) he the said William Penn 
(as this Witness is well assured from the intimate Acquaintance 
he had afterwards with the said William Penn's Affairs) ex- 
pended not less than a Sum between 6 and 10,0007. sterling. And 
further saith that the said Province of Pensilvania, and the three 
Lower Counties are well known to be now very populous, and 
in flourishing Condition, but can't possibly give an Account 
of the Number of Taxables, or People in General, in the said 3 
Lower Counties, having never in the Course of his Business had 
occasion to be acquainted therewith. 



660 PENNSYLVANIA AND MARYLAND 

'Die same, {Int. 29. Fol. 149.] 

That he is acquainted with the Bay of Delaware, having gone 
twice down the said Bay to Sea, and came twice up the same 
from Sea ; but never had occasion to observe the Capes thereof. 
That he has seen several Maps of that Part of America, pub- 
lished before the Year 1680, but having no previous Notice of 
being interrogated thereto, this affirmant is not so well prepared 
to answer as he otherwise might have been, but well remembers 
to have seen Captain John Smith's Map mentioned in the 
Affirmant's Answer to one of the preceeding Interrogatories; 
and also has seen a Map published by the Lord Baltimore 
himself in the Year 1635, with a particular Account of his Prov- 
ince of Maryland, which this Affirmant presumes will be pro- 
duced upon the Hearing of this Cause, but does not remember, 
in the said Map, any Notice was taken of the Capes of Dela- 
ware aforesaid ; that the Affirmant has also seen a Dutch Map 
of New Netherland, which appeared to him, to have been pub- 
lished while the Country was in the Possession of the Dutch ; 
the Author of which, to "the best of this Affirmant's Remem- 
brance, was Jonckers; and also this Affirmant has seen a Map 
published in Ogilby's America, which, to the best of his Re- 
membrance, was printed in the Year 1671, in both which last 
mentioned Maps, there are two Capes expressed or laid down 
to the Southward of the said Bay of Delaware ; the most North- 
erly whereof was therein called Cape Cornelius, and the more 
Southerly (now generally called the false Cape) was therein 
called Cape Henlopen or Hinlopen. And this Affirmant further 
saith that the true Name of the said last mentioned Cape ap- 
pears to have been taken from the Word [Heenloopeen] accord- 
ing to the true way of spelling it, which word, being Dutch, 
is in the Dutch and English Dictionary publish'd at Amster- 
dam by William Sewell in the Year 1708, there interpreted (to 
run away;) but the word (Inlopen) in this Interrogatory men- 
tioned, he conceives ought to have been wrote (Inloopen) which 
in the said Dictionary is interpreted [to run in, to flow, or 
stream into.] And the Affirmant saith, that he hath been very 
credibly informed that the must Southerly of the said Capes, 
at some Distance from the Southward at Sea, makes the plain 
Appearance of a Cape: but Navigators finding it otherwise, 
upon a nearer Approach, gave it the aforesaid Name of Hin- 
lopen or Heenloopeen, implying that it vanishes or disappears, 
and in process of Time, the Term was changed into Inloopen, 
and transferred to the more Northerly, and real Cape and En- 
trance into the said Bay of Delaware; as more properly suit- 
ing the same. 



BOUNDARY QUESTION. 661 

Thomas Noxon, aged 40, [Lib. C. Fol 488. Int. 29. Fol. 507.] 

Is pretty well acquainted with the Bay of Delaware, which 
he has known about 20 Years, and has twice by Sea come into 
and gone out of the said Bay, and gone up and down the same. 
That the true Southern Cape, which forms the Mouth of Dela- 
ware Bay, is the Cape near Lewes Town but to the South- 
ward of that Cape, and about 7 or 8 Miles to the Southward 
of Indian River, upon Fenwick's Island, there is the Appear- 
ance of Another Cape, well known to Sailors by the Name of the 
false Cape, which the Deponent hath heard frequently called 
Cape Henlopen by ancient People — which last-mentioned Cape 
from the Seaward at a Distance, has the Appearance of a Cape, 
but as it is approached nearer, that Appearance vanishes. Says 
that, about nineteen Years ago, the Deponent coming from 
Jamaica in a Vessel bound for New York, in some distress, 
endeavoured to make some Land to the Westward ; that the 
first Land they made was the said false Cape, which the Mariners 
on Board, from its appearing like a Cape, apprehended it was 
the Southern Cape that forms the Entrance of the said Bay of 
Delaware. That an ancient Sailor, then on Board, who said 
he had been thirty Years at Sea, and part of that time in the 
Dutch Service, said it was the false Cape that the Dutch had 
called Cape Hinlopen which, he said, signified in English, 
Cape running away, or disappearing. That the Commander 
of the Vessel, discrediting what the said Sailor had said, &tood 
in towards the same, till the main Land rise, and they came 
into the Shoal Water; and then, they found that the said 
Apearance, as a Cape aforesaid, had vanished. That there- 
upon, they stood away to the Eastward, and afterwards, saw 
the true Southern Cape of Delaware Bay. Further says, he has 
seen a Map in Ogilby's Book of America, and three others, 
(which he takes to be either Dutch Maps, or Extracts from 
them, by the Names of the Places being wrote in the Dutch 
Tongue) and which he apprehends were made before 1680, 
wherein the said false Cape is laid down, by the Name of Cape 
Hinlopen, and the said true Cape by the Name of Cape Corne- 
lius. He understands the Dutch Tongue pretty well, and be- 
lieves the said Interpretation of the Words Cape Hinlopen. 
which are Dutch Words, was rightly given, by the said Sailor 
as aforesaid. Does not understand the meaning of the Word 
Capin lopen, taken together, but understands the Word lopen, 
which is also a Dutch Word and signifies running or going, 
in English. That the Distance between the true and false 
Capes aforesaid he believes to be near or about 20 English 
Miles. 



662 PENNSYLVANIA AND MARYLAND 

Thomas James, Pilot, aged 49, [Lib. B. Fol. 30. Int. 29. Fol. 33.] 
That he has observed the Capes, that from (form) the Entrance 
into the Bay of Delaware, which are now called Cape May and 
Cape Hinlopen, and that, to the Southward of the Entrance 
into the said Bay, there is the Appearance of two Capes, tho' 
in reality there is only one true Cape, and which is the most 
Northerly, and is now called Cape Hinlopen. That this De- 
ponent hath seen some old Swedish and Dutch Drafts of the Bay 
and River of Delaware, which to the best of this Deponent's 
Remembrance, bore Date about the Year 1672; and that in those 
Drafts there was but one Cape laid down to the Southward of 
the said Bay, which was called in the said Drafts Cape Corne- 
lius, and is the Cape at the Entrance of the said Bay, now 
called Cape Hinlopen. 

The same, [Int. 19. fol. 30.] 

Has been acquainted with the Bay and River of Delaware, 
and with the Sea-Coast, to the Southward of the Entrance into 
the Bay, for 40 Years past; having, for all that Time used the 
Sea, and has been a Commander and Pilot of Vessels, for about 
28 Years of the said Time. That upon the Sea Coast, to the 
Southward of the Entrance into the said Bay, and about 18 
Miles from the said Entrance, there is the Appearance of a 
Cape, which off, at a Distance, at Sea, and upon the first mak- 
ing of it, from the Southward or Eastward, appears bluff, and 
like the upper Cape at the Entrance of the said Bay, now called 
Cape Hinlopen; but as you sail to the Northward, and ap- 
proach nearer the same, it decreases and disappears ; for which 
Reason it is sometimes called the false Cape. That the said 
Place which has the Appearance of a Cape aforesaid, has been 
formerly called Cape Hinlopen; and this Deponent has been 
informed by his Father, who was a Mariner, that the same was 
also sometimes called Cape James, or Cape Hinlopen, and some- 
times the False Cape. That the before-mentioned Cape, at 
the Mouth or Entrance of Delaware Bay, is now, and has been 
ever since this Deponent used the Sea, called by the Name of 
Cape Hinlopen but has heard his Father say, that, in the old 
Drafts, it was called Cape Cornelius; but that he himself and 
other old Commanders called it Cape Hinlopen. 

George Fitzwater, aged 66, the Defendant's Witness, but cross- 
examined, [Lib. C. Fol. 469. Int. 19. Fol. 471.] 
That he became, and has been acquainted with the Bay and 
River of Delaware and the Sea-Coast to the Southward of the 
Entrance into the said Bay, ever since the Year 1706 or 1707, 
by making several Voyages from Pensilvania to the West-Indies 
and passing to and fro, through the said Bay and River, 



BOUNDARY QUESTION. 663 

and frequently falling in with the said Sea-Coast, to the 
Southward of the said Bay, and sailing along that Shore. And 
baith that he this Affirmant has frequently observed, at his 
coming in from Sea, that, upon the said Sea-Coast, at about 
6 or 7 Leagues from the Mouth or Entrance of the said Bay, 
there is the Appearance of a Cape, which, upon the first de 
scrying or making the same, off at Distance, from Sea, looks 
bold, and like the upper Cape, which is to the Northward 
thereof, at the Entrance, or Mouth of the said Bay ; but, upon 
approaching or coining nearer to it, the same loses the Appear- 
ance of a Cape, and is therefore, called the false Cape ; and as 
this Affirmant has heird and believes, the same was, anciently, 
called by the Dutch, Cape Inlope, but since his Acquaintance 
therewith, has been generally called the false Cape. 

Elizabeth Morris, aged 65, {Lib. B. Fol. 49. Int. 20. Fol. 50. ] 

That she has known the three Counties now called Newcastle, 
Kent and Sussex on Delawai'e, and the Town now called Lewes, 
for about 55 Years, which Town, formerly, before it was called 
Lewes, was called the Whorekill, by the Dutch, and all others. 
That the County of Sussex aforesaid, before it was called by 
that Name, was generally called and known by the Name of 
the Whorekill County. And that Lewis Town aforesaid was 
formerly in the County called Whorekill, but now is in Sussex 
County aforesaid. Saith that she has heard, from her Father, 
and others, that the said County, now called Sussex, was 
formerly, under the Government of New- York, and knows it 
has since, been under the Government of the Proprietors of 
Pensilvania, as one of the three Lower Counties, which were 
called the Territories of Pensilvania, but never heard the said 
County of Sussex was ever under the Government of the Pro 
prietors of Maryland. That the said County, now called Sus- 
sex, since it has been under the Government of Proprietors of 
Pensilvania, did extend Southerly beyond the Indian River; 
which the Affirmant well remembers, because several Persons, 
particularly the Burtons, Stockleys, and one Fenniek, (who the 
Affirmant heard owned Fenniek 's Island) lived to the Southward 
of that River, under the Government of the Proprietors of Pen- 
silvania; and that divers Persons used to come, from beyond 
that River, and attend Sussex County-Court. And saith that 
she has heard and believes, that there was a Tree, marked by 
the Dutch, to the Southward of Indian River, as a Boundary 
between the said County and the Province of Maryland, which 
has been long since cut down, upon which a Plate of Brass 
was fixed, with the Figure of a Ship upon it. but the particular 
Place where the same Tree stood, knows not; That she never 



664 PENNSYLVANIA AND MARYLAND 

knew or heard, that any Force or Compulsion have been used, 
by the Proprietors of Pensilvania, or any Persons pretending 
Authority under them, to oblige the People of Lewes Town 
aforesaid, or the Inhabitants living to the South side of Indian 
River, or within the Bounds or reputed Bounds of the said 
County of Sussex, to submit to the Government of the Proprie- 
tor of Pensilvania, or to acknowledge him for their Proprietor 
or Landlord, but saith that about 30 or 40 Years ago, she heard, 
and believes, that several persons, residing in the Southward 
of Indian River aforesaid, under the Government of the Pro- 
prietor of Pensilvania, were disturbed in their Possessions, by 
Persons claiming Authority under the Proprietor of Maryland 
in order to compel a Submission to his Government, and par- 
ticularly heard from one Hill and his Wife, that his Cattle 
were drove off their Land, for that Purpose ; and that she has 
heard from her Father, deceased, and many others, that there 
was a Cape, as well as she remembers, to the Southward of In- 
dian River (but knows not certainly where) which was esteemed 
the Bound of Sussex County. 

Samuel Preston, Esq. aged 75, [Lib. B. Fol. 312. Int. 20. Fol. 327.] 
That he knows the Bay and River of Delaware, and the three 
Lower Counties of Newcastle, Kent and Sussex, and that he 
hath known Lewes-Town and Indian-River in this Interroga- 
tory mentioned, about fifty Years ; And saith that Lewes-Town 
aforesaid was called the Whorekill. before the coming of Wil- 
liam Penn, Esq. ; into Pensilvania, and while the said Town 
was under the Government of New-York ; but after it came under 
the Government of the said William Penn, the Name thereof was 
changed to Lewes-Town; and that the said County now called 
Sussex, was always called by that Name, since the Affirmant knew 
it; but, before, and whilst the same was under the Dutch, that 
County (as this Affirmant heard and believes) was generally 
called Whorekill County: And that the said County of Sussex, 
when this Affirmant first knew it, was under the Government 
of the said William Penn, and, as he believes, was never under 
the Government of the Defendant, or any of his Ancestors. 
And this Affirmant further saith, that the said County of Sussex 
was then generally reputed and believed to extend to a small 
Inlett called Assawaman, which was then about ten Miles to 
the Southward of Indian River, and 20 Miles and upwards from 
and to the Southward of Lewes Town aforesaid. And saith 
that he became acquainted with the Southern Bounds of the 
said County, by his being an Inhabitant there for several Years, 
and being led by the Nature of his Business to a general 
Knowledge of the said County, and the Inhabitants thereof. 



BOUNDARY QUESTION. 665 

And also saith that it was generally reputed, when this 
Affirmant first became acquainted with the said County, that 
the Dutch had claimed the same as far as the Inlett called 
Assawainan, and near to, or at, a Place called Fenicks's Island; 
and that, near Assawainan aforesaid, they had set up a Stand- 
ard, either upon a Tree or a Post, with a Brass-Plate, or Brass- 
Nails, as a Mark of their Claim. And saith, that he has heard 
and believes, and it was then so generally reputed and under- 
stood, that, soon after the said William Penn's becoming Pro- 
prietor of Pensilvania, and the said three Lower Counties, a 
Mannor was laid out, by or under the said William Penn's 
Directions, near Assawainan Inlett aforesaid, and was called 
the Duke of York's Mannor; That there were some Christian 
People settled to the Southward of Indian River aforesaid, and 
within the reputed Bounds of Sussex County aforesaid, when 
this Affirmant first knew the same, and who lived under the 
Government of the said William Penn; and that he never knew 
or heard, that any Force or Compulsion was ever used by any 
of the Proprietors of Pensilvania to oblige the Inhabitants of 
Lewes-Town, and those living to the Southward thereof, and 
Indian River aforesaid, and within the reputed Bounds of 
Sussex County aforesaid, to submit to that Government, or 
to acknowledge them as their Proprietors or Landlords. And 
saith, that he this Affirmant does not know of any other force 
or Compulsion being used by the Defendant or any of his An- 
cestors, Proprietors of Maryland, to oblige the Inhabitants of 
Lewes-Town aforesaid, or those to the Southward thereof, 
within the reputed Bounds of Sussex County aforesaid, to sub- 
mit to the Government, save that he remembers to have heard 
it currently reported many Years ago, that Colonel Witting- 
ton then Sheriff of Somerset County in Maryland, had threat- 
ened the People living under the Government of Pensilvania 
to the Southward of, and near Indian River aforesaid, That, if 
they did not pay him some Taxes which he claimed from them, 
he would make Distress upon them for the same. And the 
Affirmant further saith, that he has very frequently heard it 
said by Navigators, that upon the Sea-Coast, about 25 Miles to 
the Southward of the Mouth of Delaware Bay, there is a Head- 
Land, which off at a Distance from Sea, has the Appearance of 
a Cape, and is called Cape Henlopen, but upon a near Approach, 
the same loses the Appearance of a Cape; and that he this 
Affirmant has seen the said false Cape, laid down in several 
Dutch Maps as a Cape, and therein called Cape Henlopen. 

John Teague, of Maryland, Planter, aged 85, [Lib, B. fol. 225 . 
Int. 20. fol. 225.] 
That he knows the Bav and River of Delaware, and the Coun- 



666 PENNSYLVANIA AND MARYLAND 

ties of Newcastle, Kent and Sussex, in this Interrogatory men- 
tioned, and that he has known the Town, now called Lewes 
in the County of Sussex, for near 50 Years; and saith that the 
same was formerly called Whorekills, and retained that Name, 
till about 18 or 19 Years ago, when it was changed to that of 
Lewes; and that he has also known Indian River in the Inter- 
rogatory mentioned, for near 50 Years. And saith that the 
said County of Sussex was formerly called the Whorekill by the 
English, Dutch, and other People in general ; and that the 
same continued to be called so for many Years after this De- 
ponent first knew it, but how many Years cannot now say ; 
That then the Name of that was changed into that of Sussex 
County. And further saith, that the County wherein the said 
Town now called Lewes stood, when this Deponent first knew 
the same, was called the Whorekill. and is now called Sussex 
County, and was then under the Government of the said Wil- 
liam Penn; And that this Deponent never heard that the same 
was under the Government of the Loi'd Baltimore, or the Gov- 
ernment of New-York ; And saith that the said County, an- 
tiently called the Whorekill, and now Sussex County, when 
this Deponent first knew the same, extended beyond, or to the 
Southward of, Indian River aforesaid, and to a Place called 
Phenix's Island, where this Deponent has been, and was there 
told, that that was the Exent of the said County to the South- 
ward. And this Deponent saith, that about three or four Years 
after the Duke of Monmouth's Rebellion in England, but the 
exact Number of Years ago this Deponent doth not now re- 
member, he this. Deponent was at the said Place, called Phenix's 
Island, in Company with two Persons, who there shewed this 
Deponent a Square Post of about seven Foot high, with a 
pointed Head, which had three Brass-Nails driven into three 
of the Sides of the said Post, the Heads of which Nails were 
near the Size of an English Halfpenny; and which Post this 
Deponent supposed had been fixed there by the Indians, till he 
was told by the said two Persons, and afterwards by several 
others, that they believed the same had been placed there by 
the Dutch. And saith that he heard, some time after, that 
there was also found, upon the said Island, near, but further 
to the Southward of the said Post, a Tree, whereon was a Plate 
of Brass, which, having been grown over with the Bark, was 
discovered, upon cutting up and splitting the said Tree into 
Fence- Rails, which Information, relating to the said Tree and 
Plate of Brass, this Deponent had from the Son of one Thomas 
Mumford, who told this Deponent he had it from his Father, 
who had lived with Mr. Phenix, upon the said Island, and 
also from many others; And that he this Deponent has likewise 



BOUNDARY QUESTION. 667 

heard that to the West or North-westward of the said Island, 
and within about a Half a Mile thereof, had been also found 
another Tree markt on two sides thereof, with three Notches; 
That this Deponent does not know that there were any 
Christian People settled to the Southward of Indian River 
aforesaid, and between it and Phenix's Island, when he first 
knew the said Places, but that sometime after, one Barton came 
up from Virginia, and settled on the South-side of the Mouth 
of the said Indian River. That this Deponent does not know, 
or has ever heard, that any Force or Compulsion was ever used 
by the Proprietors of Pensilvania, or any other Persons pre- 
tending Authority under them, to oblige the People of Lewes- 
Town, or the Inhabitants living on the South-side of Indian 
River, to submit to that Government, but saith that about 50 
Years ago, this Deponent, with five others, were pi'est by the 
Under-Sheriff of Somerset County, to go and assist him to arrest 
one Peter Waples for Debt, to the Southward of and near In- 
dian River aforesaid, but the People there opposed them, and 
rescued the said Prisoner from them ; alledging, that the said 
Under-Sheriff and his Assistants were out of their Precincts, 
being within the Government of Mr. Penn the Proprietor of 
Pensilvania. And further saith, that he being summoned up 
to Annapolis, with two others, to be Evidences, to give In- 
formation of the said Opposition, made by the said People at 
Indian River, he remembers the Lawyers there declared, that 
if the said Under-Sheriff and his Assistants had had their Bones 
broken, their Remedy would have been in their own Hands. 
And saith that afterwards Ephraim Wilson, Sheriff of Somerset 
County, went up, with a Ti'oop of Horse as this Deponent was 
informed, and apprehended the said Waples, and carried him 
bound to Somerset County Prison; And saith that about 50 
Years ago, the Land about Phenix's Island aforesaid, and from 
that, all along to the South-side of Indian River aforesaid, was 
called Cape Inlope. And this Deponent further saith, that 
about 50 Years ago, as he was conducting two Dutchmen, 
who he supposed were Privateers, from Somerset County afore- 
said, to Whorekill, now called Lewes-Town, this Deponent 
remembers that, about four Miles to the Southward of Indian 
River aforesaid, the said Dutchmen declared they then knew 
where they were, for that they were at Cape Inlopen. 

* William Waples, aged 63, [Lib. B. Fol. 248. Int. 20. Fol. 249.] 
That he has seen the Bay and River in the Interrogatory 
mentioned, but is not well acquainted with them. That he is 
well acquained with the County of Sussex on Delaware, and 
has been in the Counties of Newcastle and Kent, but is not 



668 PENNSYLVANIA AND MARYLAND 

well acquainted with them. And saith, that he has known 
the Indian River and Lewes-Town, in the Interrogatory men- 
tioned, about 47 or 48 Years, which Town and the said County 
of Sussex, when the Deponent first knew them, were by the 
Inhabitants and others, both called Whorekill, and were under 
the Government of William Penn Esq; and that the said Town 
is now in Sussex County aforesaid ; And this Deponent further 
saith, that when he first knew the said County of Sussex, his 
Father settled under the said William Penn, on the South side 
of the Indian River aforesaid, about three Miles up a Creek, that 
emptied itself into the South-side of the said River, upon Land 
which he purchased of President Clarke, and saith that he this 
Deponent being young then, knew not how far the same County 
extended to the Southward; but then heard that the said Wil- 
liam Penn claimed as far as Fenicks's Inlett, near Fenicks's 
Island ; near which Inlett, at a Place called Inlopen, or 
Hinlopen, he then heard there had been a Standard or Post 
put up by, or for the said William Penn, or some other 
Person who was in Possession before him, with some Brass 
upon it. And further saith, that there were about ten Fami- 
lies settled to the Southward of Indian River aforesaid, be- 
tween that and the said Inlett; amongst whom was one 
Stockely a Magistrate for the said County, then called Whore- 
kill County; one David Jenkins a Constable for the same 
County, under the Government of the said William Penn ; That 
he has never heard that the Proprietors of Pensilvania, or any 
Persons pretending Authority under them, ever used any Force 
or Compulsion to oblige the Inhabitants of Lewes-Town afore- 
said, or the People residing to the Southward of Indian River 
aforesaid, and above the said Inletts, to submit to the Govern- 
ment of the same Proprietors, or to acknowledge them for their 
Proprietors or Landlords. And further saith, that about 44 or 
45 Years ago the Under-Sheriff of Somerset County in Maryland, 
by virtue of a Writ from the County Court of that County, 
arrested his Father where he was settled, as the Deponent has 
above declared, and that his Father refused to acknowledge 
the Jurisdiction of the said Court, alledghig he lived in Sussex 
or Whorekill County ; And that thereupon the said Sheriff de- 
parted, and in about a Fortnight after returned, with five Men, 
and took his Father and tied him ; Whereupon four of the 
Neighbours were sent for, and came there ; That a Person stand- 
ing in the House, named Charles Tindal, said, what will you 
tie a Man in his own House, and taking a Gun down from a 
Rack, said, he would clear the House of them; and thereupon 
his Father was untied ; And saith that a Person who was re- 
puted a Man of Substance there, offered to become Bail for his 



BOUNDARY QUESTION. 669 

Father ; to which the said Sheriff replied, that if he would go 
down to St. Martins, he would accept of him for Bail. To 
which his Father answered, that except he would take Bail, 
where he had arrested him, he would not give any, for if he 
had not a Right to take Bail there, he had no Right to arrest 
him there, and that, afterwards, the said Under-Sheriff and 
the five Men aforesaid, departed ; Which said Under-Sheriff, in 
about a Fortnight's Time, returned with the High Sheriff of 
Somerset County aforesaid, and about 20 Men with Arms with 
him, and seized and bound this Deponent's Father, and the 
said Charles Tindal, and carried them down to Somerset County 
aforesaid. And saith that he heard from his Father, and be- 
lieves, that he was prosecuted in Somerset County aforesaid, 
and at Annapolis in the Province of Maryland, for not obeying 
the said Sheriff, which cost him a great Sum of Money ; and 
that in some small time after the said Arrest, the Inhabitants, 
residing on the South-side of Indian River aforesaid, submitted 
to the Government of Maryland. 

David Hazard, of Maryland, Planter, aged 73, [Lib. B. fol. 239. 
Int. 20. fol. 240.] 
That he has known the Bay and River of Delaware, and the 
Counties of Newcastle, Kent and Sussex,for upwards of 36 Years 
past, and has known the Town called Lewes and Indian River 
in this Interrogatory mentioned, 46 Years, which Town, when 
he first knew it. was generally called the Whorekill, and the 
said County of Sussex, when he first knew it, was also generally 
called Whorekill, and was under the Government of William 
Penn, Esq ; as he was informed ; That he cannot say how far 
the same County then extended to the Southward of Lewes- 
Town aforesaid, but supposes it extended beyond Indian River 
aforesaid ; because some of the Officers, to wit, a Justice of the 
Peace, and a Constable for the same County, resided to the 
Southward of the same River. And this Deponent further 
saith, that it has been rumoured, as long as he can remember, 
that there was a Tree, on Fenicks's Island, in which there 
were Brass Nails drove, as it was said by some Dutch who 
landed there and claimed it as their Land : and that he was 
told by an antient Man, of good Credit, named Hugh Tingle, 
Avho lived within a Mile or two of Fenicke's Island, aforesaid ; 
That the said Nails were drove into the said Tree in the Form 
of a Horse shoe, but does not remember that the said Tingle 
said he ever saw the said Tree. And this Deponent further 
saith, that, when he first knew the said County of Sussex, there 
were about half a score Christian Families settled to the South- 
ward of Indian River, near to the same River, and on the Sea- 



670 PENNSYLVANIA AND MARYLAND 

Coast between the same River and Fenicks's Island aforesaid: 
which Families were under the Government of William Penn ; 
but the South Bounds of the said County he never knew. That 
he has never heard that the Proprietors of Pensilvania, or any 
Persons pretending Authority under them, ever used any Force 
or Compulsion to oblige the Inhabitants of Lewes-Town, or 
the People residing on the South-Side of Indian River, to sub- 
mit to the Government of the same Proprietors, or to acknow- 
ledge them for their Proprietors or Landlords; And saith, that 
he has heard and believes, that one Waples removed from the 
lower Part of Maryland, and settled on the South -side of In- 
dian River, within the Government of ttie Proprietor of Pen- 
silvania, as the said Waples apprehended ; and that afterwards, 
the Sheriff of Somerset County in Maryland, with several Men, 
came to the House of the said Waples, and took him by Force, 
and carried him back into Somerset County aforesaid. And 
further saith, that he has heard that Fenicks's Island has been 
called the False Cape, and by some other Names that he does 
not now remember. 

John Prettyman, aged 62, [Lib. B. Fol. 257. Int. 20. Fol. 258.] 

That he has seen several Parts of the Bay and River of Dela- 
ware, but is not well acquainted with them, and knows the 
Counties of Newcastle, Kent and Sussex on Delaware, and has 
known the Town now called Lewes, and the Indian River, 
about 43 Years. And saith, that when he this Deponent first 
knew Lewes-Town aforesaid, it was generally called Whorekilh 
and the County of Sussex was then also generally called by the 
same Name of the Whorekill, and was under the Government 
of the Proprietor of Pensilvania. And that the said Town now 
called Lewes was formerly in the County called Whovekill, 
and is now in Susssex County aforesaid, and this Deponent 
further saith. that he does not know how far the said County 
of Sussex extended Southward of the said Town now called 
Lewes at the Time of his first Knowledge thereof, but believes 
it extended about 12 Miles to the Southward of Indian River; 
and the Reason he has for such Belief is, that his Father about 
43 Years ago removed from Virginia, and came into the Inlett 
near Fenicks's Island, and loaded his Goods upon the same 
Island ; and that he this Deponent resided, on the said Island 
and in the Neighbourhood thereof, for a Month or six Weeks, 
and heard the ancient People who lived there, say that they 
lived under the Government of Mr. Penn, and that the Dutch 
had formerly nailed a Brass or Copper Plate, on a Tree or Post 
in the said Island, which was then looked upon as the Bound 
between Penn and Baltimore, and that the said Fenicks's Island 



BOUNDARY QUESTION. 671 

was then generally called Cape Hinlopen or Inlopen. And 
further saith, that there were divers Christian Families, who 
lived, between the South Side of Indian River, and the South- 
ern Boundary of the same Country; particularly one John 
Stokely, who was a Magistrate for the same County, and was 
also an Assembly Man for the said County, and sat as a Repre- 
sentative thereof, at the City of Philadelphia, and also another 
Person who was a Constable for the same County; and saith 
he never heard that the Proprietors df Pensilvania, or any 
Person pretending Authority under them, ever used any Force 
or Violence, to oblige the Inhabitants of the said Town called 
Lewes, or the People residing on the South Side of Indian River 
to submit to their Government, or to own them for their Pro- 
prietors or Landlords ; and that he has heard, there were Dis- 
turbances made, on the South Side of the River, by Persons 
who were supposed to act under the Authority of the Proprie- 
tor of Maryland, but, as he lived on the North Side of the 
same River, he can give no particular Account of them. 

* Woodman Stockley, aged 53, [Lib. B. Fol. 263. Int. 20. Fol. 264.] 
That he knows the Bay and River Delaware, and the Coun- 
ties of Newcastle, Kent and Sussex ou Delaware, and has known 
the Town now called Lewes, and Indian River, in this Inter- 
rogatory mentioned, upwards of 40 Years, and which Town 
when he first knew it was by the Inhabitants and People in 
general called Whorekill. And that the said County of Sussex, 
since he knew it, was always called by that Name, and that 
the said Town of Lewes is in the same County. And saith, 
that the same County, when he first knew it, was under the 
Grovernment of William Penn Esq ; and extended about 20 Miles 
to the Southward of Lewes -Town aforesaid, but how far to the 
Southward of Indian River the Deponent cannot tell. That 
he lived, with his Father, above 40 Years ago, who settled on 
the South Side of Indian River, under the Grovernment of the 
said William Penn ; but knows of no Marks, that were then 
the Southern Boundaries of the same County. And this De- 
ponent further saith, that there were then half a dozen Fami- 
lies, to the Knowledge of the Deponent, who lived on the South 
Side of Indian River aforesaid, and under the Grovernment of 
the said William Penn; which he well knows, because the 
People, residing there, attended the Court, for that County, 
at Lewes-Town aforesaid, some of them as Jurymen, and one 
John Stokely, his Uncle, who lived there, was a Justice of the 
Peace for the same County. And this Deponent saith he hath 
never heard that the Proprietors of Pensilvania ever used any 
Force or Compulsion, to oblige the Inhabitants of the Town 



(572 PENNSYLVANIA AND MARYLAND 

called Lewes aforesaid, or the People residing on the South Side 
of Indian River aforesaid, to acknowledge them for their Pro- 
prietors or Landlords ; but this Deponent hath heard that one 
of the Sheriffs in Maryland came up from thence, and by Force 
turned a Man out of Possession of his Plantation, and delivered 
the same to another Person ; and the Deponent further saith, 
that, when he was young, People used to call the Island, now 
called Fenicks's Island, (which is upwards of 20 Miles to the 
Southward of the Cape, at the Mouth of Delaware Bay, and to 
the Southward of Indian River aforesaid. ) Cape Henlopen, and 
then called the Cape, on the South Side of the Mouth of the said 
Bay, Cape Inlopen. 

*John Anderson, [Lib. B. Fol. 269. Int. 20. Fol. 270.] 

That he knows the Bay and River of Delaware, and the 
Counties of Newcastle, Kent and Sussex on Delaware, and has 
known the Town now called Lewes, and the Indian River, in 
this Interrogatory mentioned, upwards of 20 Years; and saith 
that ever since he has known the said Town, it has been called 
Lewes, and the said County, since his Knowledge thereof, has 
been always called Sussex, in which County the said Town 
stands ; and which Town and County, since he has known them, 
have been always under the Government of the Proprietors of 
Pensilvania; and this Deponent further saith, about 6 or 7 
Years ago, he the Deponent, conversing with one Charles Bright, 
since deceased, (at the saia Bright's House, and on his own 
Plantation, in Kent County on Delaware) who was then reputed 
to be 108 Years old) concerning the said three lower Counties 
falling under the Government of Maryland, the said Charles 
Bright then told the Deponent that the Boundaries of Penn's 
Land was at Cape Hinlopen, on Fenicks's Island, and that he 
the said Charles Bright had lived on Rumney Marsh, near 
Fenicks's Island aforesaid, some Years, and bad frequently seen 
the said Boundary, which was engraved with Brass, and that 
he had often seen and knew the Line that run from the said 
Boundary, which was West, and that the said Charles Bright 
then desired this Deponent to take notice of what he had said. 

Brickus Toionsend, of Maryland, aged 33, [Lib. B. Fol. 246. Int. 
20. Fol. 246.] 
That he knows the Bay and River of Delaware, and has been 
.in the Counties of Newcastle, Kent and Sussex, but is not well 
acquainted with them; That he has known the Indian River 10 
or 12 Years, and first knew the Town called Lewes about two 
Years ago, which is in the said County of Sussex. That the 
said County, ever since he knew it, has been under the Govern 
ment of the Proprietors of Pensilvania; That the Deponent has 



BOUNDARY QUESTION. 673 

heard his Father say, that old Hugh Tingle told him, there 
was a Tree on Penwicks's Island, which had eight Brass Nails 
drove in it, and was supposed to be a Boundary of the Land to 
take up the Country. That he knows a Place, on Fenwicks's 
Island, to the Southward of Indian River, which he has com- 
monly heard called Cape Hinlopen, and to the rest of this In- 
terrogatory cannot depose. 

James Sangster, aged 58, [Lib. E. Fol. 42. 10th additional Int. 

Fol. 42.] 
That the first Christian People who, he has heard, settled 
the said Counties of Newcastle, Kent and Sussex were Dutch; 
That he never heard the said County of Sussex called by any 
other Name. That as he was travelling up, from Virginia, 
hither [to Maryland] with his Mother, she shewed him a marked 
Tree, near an Indian Town, at the Head of a Creek called As- 
sawaman. which empties itself into a small Bay or Sound, a 
little to the Northward of a Place called Fenicks's Island, and 
said, that was a Boundary between Maryland and Pensilvania. 
That the said County of Sussex was, as he has heard, formerly 
under the Government of New York, and he never understood 
any Part of it was under the Government of Maryland, (except 
what lies between the South Side of Indian River, and the 
North Side of Assawaman Creek aforesaid ;) That the Lands, 
lying, between the said Creek and River, were settled and pos- 
sessed by some Families under the Proprietors of Pensilvania, 
until one Peter Waples, an inhabitant of Somerset County in 
Maryland, about 45 or 46 Years ago, fled from thence for Debt, 
and settled himself on a Place called Piny Neck, near the 
South Side of Indian River aforesaid, supposing he was, then, 
out of the Limits of the said County of Somerset : That, after- 
wards, the Sheriff of the same County came up, with a Num- 
ber of Men, took him from thence by Force, and carried him 
to the Prison of Somerset County aforesaid ; That afterwards, 
one Whittington, who was Surveyor of the same County, as 
he has heard, came up, surveyed many of the Lands, between 
the said Creek and River, and dispossessed those that were 
settled on them under the Proprietors of Pensilvania, particu- 
larly one John Stokely who, at that Time was a Justice of the 
Peace for Sussex County aforesid. 

William Burton, of Maryland, Planter, aged 62, {Lib. E. Fol. 

32. Int. 2. Fol. 32. and 10th additional Int. Fol. 33.] 
Says that he has resided in the County of Sussex and in Mary- 
land for 48 Years past, and that he has heard that the first 
Christian People who settled the said Counties of Newcastle, 

43— Vol. XV. 



674 PENNSYLVANIA AND MARYLAND 

Kent and Sussex, were Swedes and Dutch ; and understood, 
from some Writings which he has seen, that the said County 
of Sussex was formerly called Dale : and Delaware Bay aforesaid 
was called Wilk, by the Province of New York; That the said 
Comity of Sussex extended Southward to a Creek called Assa- 
waman, about 9 Miles to the Southward of Indian River, and 
about 25 Miles from Lewes-Town ; That he has heard the said 
Comnty of Sussex, before he came hither, was under the Gov 
ernment of York ; but, since, it has been under the Government 
of Pensilvania; and to his Knowledge the same, or any Part 
thereof, (except what lies' to the Southward of the Indian 
River) never wasunder the Government of Maryland ; which 
Part to the Southward of that River, has been under that 
Government about 45 Years ; That about 45 Years ago he was 
informed, that one Peter Waples, who lived in Somerset 
County, fled for Debt from the Place of his Abode, to the 
South Side of Indian River, and settled within five Miles 
of the Place where the Deponent then lived, supposing he 
was, then, out of the Limits of Somerset County ; That the 
Sheriff of that County, with about half a dozen Men came 
and took him, from thence, by Force, and carried him into 
Somerset County ; That soon after this, one Colonel Witting- 
ton, being Sheriff of Somerset County aforesaid, came to one 
John Petijolius, who lived on the South Bank of Indian River, 
and demanded Taxes of him, which he refusing to pay, the said 
Whittington distrained some of his Cattle for them, which 
Things, and some others of the like Nature, so frightened the 
People to the Southward of Indian River, (which were about 
8 Families) that they were obliged to submit to the Govern- 
ment of Maryland, and that most of the Lands which were 
held by them, under Grants from the Proprietors of Pensilvania, 
were, after, taken up under the Government of Maryland, and 
particularly 900 Acres by the said Whittington; and has also 
heard that Part of those said Lands had, before then, been 
taken up under the said Government 6f Maryland ; whereupon 
those People, and the Inhabitants of the said 3 lower Counties, 
refused to pay any Quit Rents to the Proprietors of Pensil- 
vania, as this Deponent has been informed. That one John 
Stokely, who was Master of one of the 8 Familes aforesaid and 
who had acted as a Magistrate, in Sussex County aforesaid, 
after the Submission as aforesaid to the Government of Mary- 
land, accepted of the Commission of a Magistrate under the said 
Government, and acted thereby in the said County of Somerset. 

William Burton, of Maryland, aged 62, [ Lib. E. Fol. 32. Uth 
additional Int. Fol. 38.1 
Who has before deposed that he has resided in Sussex County 



BOUNDARY QUESTION. 675 

and in Maryland for 48 Years past, says, That he neither knows 
nor ever heard, that the Proprietors of Maryland, or any of 
them, were ever in the Possession of the said Lands now called 
Newcastle, Kent and Sussex on Delaware, or any Part of them, 
(excepting- in the Lands aforesaid to the Southward of Indian 
River aforesaid, and a Fort about Christiana, in Newcastle 
County aforesaid) nor does he know, has heard, or believes, 
that they or any of them, or any Person under their Authority 
ever exercised any Jurisdiction, or held any Courts, in the 
said County of Sussex, nor has he ever seen any Record, or 
publick Minument, or Writing, purporting any such Juris- 
diction, or Courts, held by them, or their Authority, within 
any of the said Counties. 

James Sangster, aged 58, [Lib. E. Fol. 42. 13th additional Int. 

Fol. 46.] 
That he formerly following Whaleing, and thereby became ac- 
quainted with the Sea Coast, from the Entrance of Delaware 
Bay down to the Southward of Fenicks's Island, but has never 
been very far in the Sea from it; That he observed in foggy 
Weather, at Sea the said Island had the Appearance of a Cape, 
which, as he apprehends, is occasioned by Assawaman Sound, 
which joins to it, but as it is approached nearer, it alters its 
Form, and does not appear to be a Cape, That he has heard 
that Fenicks's Island aforesaid, at the first Settlement on Dela- 
ware Bay, was called Cape Henlopen : and that it has been 
called by one or other of those Names ever since; which Island 
he apprehends, lies 30 Miles to the Southward of the Southern 
Cape at the Mouth of Delaware Bay; which last mentioned 
Cape he has heard one Alexander Molleston, an ancient Dutch 
man, who lived near the same, and one Cornelius Wilbank, 
about 48 Years ago, say, was called by the Name of Cornelius, 
and by others, about the same Time, it was called Cape Inlope; 
That ever since, has been called sometimes by one of those 
Names, and sometimes, by tlie other, but by the greater Number 
it has been called Cape Inlope. 

William Burton, of Maryland, aged near 62, [Lib. E. Fol. 32. 
13th additional Int. Sol. 40.] 
That he has never been at Sea, but has been in a high Wood 
of about 100 Acres on Fenicks's Island, and on the Sea Coast, 
which he has been informed by Sailors, has the Appearance of 
a Cape from the Sea ; but as it is approached, that Appearance 
vanishes, and there is no Cape at all ; That it is by some People 
called the False Cape, and by others Fenicks's Island: he 
never heard it called by any other Name until he saw the- 
printed Plan or Map, mentioned in the late Agreement, between 



676 PENNSYLVANIA AND MARYLAND 

the Proprietors of Pensilvania and Maryland, by which it 
is called Cape Hinlopen; That he never heard the Place called 
Cape Cornelius in that Map, called by that Name until the 
Proprietor of Pensilvania arrived in that Province, about 40 
Years ago. And has heard his Father say, that the same Pro- 
prietor then called it by that Name, but before that Time, 
as he ever understood, it was called Cape Henlopen. 



DEPOSITIONS FOR THE DEFENDANT, WITH SOME OB- 
SERVATIONS THEREON. 

And first, as to such of our Witnesses as he cross-examined in 
order to disqualify themselves, as interested Persons. 



Samuel Preston, 

Our Commissioner, the Defendant examined to a vast Number 
of Interrogatories on his own part, as to the Matters in ques- 
tion ; so that he is an unquestionable good Witness on our 
part. 

James Logan, our Commissioner, the Defendant cross-examined 
only as to his Interest, [Lib. H. fol. 99. Int. 1. fol. 100.] 
But he answers, pi - ecisely in the Words of their Interrogatory, 
That he is not immediately, or mediately, concerned in the 
Event of this Suit; nor does he hold, possess or claim any 
Land, in dispute between the Plaintiffs and Defendant in this 
Cause, either in the three Lower Counties called Newcastle, 
Kent, and Sussex, or within the Province of Pensilvania or 
Maryland. 

The Defendant thought this Gentleman (who had once 
heretofore, gone thro' so many Offices) must needs have 
some Interest in the Lands in question, therefore he ex 
amined one or two Witnesses as to Mr Logan, viz. 

Samuel Preston, [Lib, II. Fol. 104. Int. 22. Fol. 116. J 

That from 1701 to 1732, James Logan, and some others whom 
he does not remember, were Principal Managers and Chief 
Agents in Pensilvania and the three lower Counties, for Mr. 
Perm and his Family; and had the Power of granting and set- 
tling Lands in those Places; and that James Logan was the 
Principal Actor in the said Affairs. 

This is the very thing Mr. Logan himself declares, and it is 
that which gave him so large a Knowledge, to depose so 
fully to the several Affairs he speaks to; but that does 
not disqualify him from being an Evidence now, even if 



BOUNDARY QUESTION. 677 

he had held all those Offices still; whereas, he swears he 
laid them all down, when he came to be President of the 
Council there; from which last Office he was relieved, by 
the present Governor. 
John Taylor, the Defendant 1 's Witness, [Lib. H. Fol. 95. Int. 3. 
additional Fol. 98.] 
Has hsard and believes that Andrew Hamilton and James 
Steel, do hold Lands in Kent County, under the Plaintiffs; 
but says he never heard that James Logan holds, or claims, or 
has lately held or claimed, any Lands, either in the Part in 
dispute in this Cause, or in any of the three Lower Counties. 
So that Mr. Logan, who knows a vast deal, by having gone 
thro' all those publick Stations, and who swears that he 
has now laid down all Officers, and has no sort of Interest, 
is a clear unexceptionable Witness for Us. 

Andrew Hamilton, 

Another of our Commissioners, we have examined, only as 
one of the Commissioners for carrying the Articles into Execu- 
tion, as to what past at the Execution of the Commission ; 
and to no kind of thing whatever else. Yet him the Defendant 
cross examined, as to his Interest only, viz. [Lib. H. Fol. 128. 
Int. 1, Fol. 129.] And he says that he holds Lands in New- 
castle and Kent Counties, two of the three Lower Counties, 
which Counties he understands to be in dispute in this Cause. 
That the Lands in Kent County, which he holds, were origin- 
ally granted under the Duke of York, to some of the Soldiers 
who served at the taking of New York and Delaware, in Con- 
sideration of such Service, as appears by the said original Grants, 
and have been since continued by Mr. Penn to their Descend- 
ants. That the Lands which he holds in Newcastle County 
were claimed by one Augustine Harman, under a Right from 
one of the Ancestors of the Defendant, and by one Green, under 
a Right from the Plaintiff's Father. Both which Rights were 
vested in one Mathias Vanbeeber, who sold the same to this 
Deponent. Aud this Deponent further saith, that he firmly 
believes that he shall neither be a Gainer, or Loser, by the 
Event of this Cause. 

We hope this does not disqualify Mr. Hamilton, who is 

only a Witness as a Commissioner, and, as such, is a very 

material one. 

* James Steel is our last examined Commissioner, and is also ex- 
amined jy Us as to our receiving Quit Rents, and to many 
other Points. The Defendant cross-examined him as to his 
Interest, [Lib. H. Fol. 93. Int. 1. Fol. 94.] 
And he says he does not know that he is any way interested 



678 PENNSYLVANIA AND MARYLAND 

in the Event of the Cause, unless his holding Lands in two of 
the three Lower Counties shall be interpreted so. And further 
he affirms and says, that he holds and possesses several Parcels 
of Land, under the Plaintiffs, in Newcastle and Kent, by an- 
cient Grants. 

So much as to our four living Commissioners. 

2. 

Secondly, As to some of our other Witnesses, whom the Defend- 
ant has cross examined as to their Interest. 

*John Anderson, Farmer, [Lib. H. Fol. 51. Int. 1. Fol. 52.] 

Does not apprehend himself to be any way concern'd in the 
Event of this Cause; Tho' he holds some Lands in Kent County 
under the Plaintiffs, yet conceives that, if the said Counties 
should fall to the Lord Baltimore, he should still keep his 
Possession. 

John Ball, Blacksmith, [Lib. H. Fol. 18. Int. 1. Fol. 18.] 

Does not know that he is interested in the Event of this 
Cause, but that he is in Possession of a Tract of Land in New- 
castle County, the Right of which he has conveyed by Deed to 
his Son; but that he has his said Son's Promise, that he shall 
enjoy it during his Life: That his said Land is held under the 
Plaintiffs. He further says, that he - claims a Tract of Land, of 
Land, under the Defendant, which he believes, lies within, the 
Limit in dispute between the Parties. ) 

So that, we hope, this Witness is a go one for us, since 
he is, at least, equally concerned, or more, under the De- 
fendant, than under us. 

'-John Qarretson, Farmer, [Lib. H. Fol. 17. Int. 1. Fol. 17.] 

Is not, to his Knowledge, any way interested in the Event of 
this Cause, tho' he holds, possesses and claims a Tract of Land 
whereon he lives, undar the Plaintiffs, situate in Newcastle 
County, within 3 or 4 Miles of Newcastle Town. 

James Hendricks, Carpenter, [Lib. H. Fol. 125. Int. 1. Fol: 125.] 
Believes he is no way interested or concerned in the Event of 
this Cause. Neither claims or possesses any Lands in dispute 
between the two Proprietors, or in any of the three Lower 
Counties. So the Defendant himself cross examined him to 
the Merits. 

Samuel Hollingsworth, Farmer, [Lib. H. Fol. 29. Int. 1. Fol, 3Q.] 

Does not apprehend himself to be any way interested in the 

Event of this Suit, nor holds, nor claims, any Lands that he 

believes to be in dispute in the Cause. So the Defendant went 



BOUNDARY QUESTION. 679 

on and cross examined him to a great number of Interrogatories 
to the Merits. 

Thomas James, Pilot, [Lib. H. Fol. 12. Int. 1. Fol. 12. ] 

Is not any way concerned in the Event of the Cause, nor holds 
any Lands in dispute between the Parties. So the Defendant 
went on and cross examined him to the Merits. 

Mark Manlove, Farmer, [Lib. H. Fol. 24. Int. 1. Fol. 25.] 

Does not conceive that he shall be any way interested or con- 
cerned in the Event of the Cause; but he holds and possesses 
N Part of several Tracts of Land in Kent County. [He does not 
say under whom.] The Reason why he conceives himself to be 
disinterested in the Event of the Cause is, because he expects 
to be quieted in his Possession, whoever gains it. 

Elizabeth Morris, Widow, [Lib. H. fol. 26. Int. 1. fol. 26.] 

Is no way interested in the Event ; neither holds nor claims 
any Lands in dispute between the Parties to this Cause. So 
the Defendant cross examined her to the Merits. 

Elizabeth Murphy, Widow, [Lib. H. Fol. 126. Int. 1. Fol, 127.] 

Is not any way concerned in the Event of the Cause,- nor 
holds any Lands within the Limits in dispute between the 
Parties. So the Defendant cross examined her to the Merits. 

John Musgrate, Farmer. [Lib. H. fol. 34. Int. 1. fol. 35.] 

Does not think himself any way interested, or concern'd in 
the Event of the Cause. And holds or claims no Lands, that 
he apprehends lie within the Limits in dispute between the 
Parties. So the Defendant cross-examined him upon a great 
Number of Interrogatories to the Merits. / 

Thomas Noxon, [Lib. H. fol. 92. Int. 1. fol. 92.] 

Believes he is not any way concerned in the Event, but says, 
he is possest of some Lands in Newcastle County, that he claims 
under ©rants from the Government of New-York, dated about 
the Year 1671, and holds or claims ,no Lands by any Grant or 
Right from the Propriptors of Pensilvania, or any of their An- 
cestors: And, therefore apprehends his Title cannot be affected 
by the Event of this Cause. 

William Peterson, of New Jersey, Farmer, [Lib. H. fol. 7. Int. 

l.fol, 8.] 
Is neither directly or indirectly concerned in the Event of the 
Cause, and neither holds or claims any Lands in dispute in the 
said Cause. So the Defendant went on, and cross-examined 
him to the Merits. 

John Prettyman, Farmer, [Lib. H. Fol. 49. Int.. 1. Fol. 50.] 
Does not apprehend himself to be any way interested in the 



680 PENNSYLVANIA AND MARYLAND 

Event, but holds a Tract of Land on the South Side of Indian 
River, under the Defendant, and a Tract of Land on the North 
Side of the said River in Sussex County, under the Plaintiffs. 
So that this Farmer, we think, is an equal indifferent Witness. 

John Rambo, of New Jersey, Farmer, [Lib. H. fol. 19. Int. 1. 

fol. 20.] 
Is not any way interested in the Event of this Cause, nor 
holds any Lands within the Limits in dispute between the 
Parties. So the Defendant went on, and cross-examined him 
to many Points on the Merits. 

John Hans Steelman, Indian Trader, [Lib. H. fol 127. Int. 1. 

fol. 128.] 
Is no way interested or concerned in the Event of the Cause, 
and does not hold or possess any Lands within the Limits in 
dispute between the Parties, or in the three lower Counties. 

*Wooma?i Stockley, Farmer, [Lib. H. fol. 50. Int. 1. fol. 51.] 

Does not expect to be either Gainer or Loser by the Event of 
the Cause, but holds some Lands, in Sussex County, under the 
Plaintiffs. 

* William Till, Merchant, [Lib. H. fol. 124. Int. 1. fol. 124.] 

Does not apprehend he is any way interested in the Event or 
Issue of the Cause, but that he holds Lands in Sussex County 
under the Plaintiffs. 

* William Waples, Farmer, [Lib. H. fol. 49. Int. 1. fol. 49.] 

Does not know whether he is interested, or not, in the Event 
of the Cause, but holds Lands under the Plaintiffs in Sussex 
County. 

Joseph Wdods, Carpenter, [Lib. H. Fol. 4. Int. 1. fol. 4.] 

Is no way interested in the Event of this Suit; nor does he 
possess or claim any Lands in dispute in the Cause. So that 
the Defendant went on and cross-examined him to several Points 
relating to the Merits. , 

So that, 
* James Steel, x 'John Anderson, *John Qarretson, *Wooman 
Stockley, * William Till, * William Waples 
Have, as often as they are respectively named in the State of 
our Depositions, an Asterism or Mark* set before their Names, 
as liable to the fore-mentioned Doubt only. And they are sur-h 
Witnesses, as that the Loss of any of them will not be fatal, 
except as to Mr. Steel, who proves the receiving Quit-Rents by 
us, and even as to that, and indeed as to every other Point, the 
Defendant's own Witnesses have most abundantly supplied our 
Proof, and confirmed it. in the strongest and fullest manner. 



BOUNDARY QUESTION. 681 

Note — As the Defendant would have our Agreement to be 
(at the best) a uieer voluntary Agreement, without any Con- 
sideration whatever moving from us, and insists, that his 
Charter comprizes every thing which we granted him by the 
Articles, we shall be obliged to debate the Extent of tha 
Charter for Maryland : for altho' Pensilvania is granted in 
express Terms from the Beginning of the 40th Degree, yet, if 
the Maryland Chartex - , which was long prior, is to be ex- 
pounded not by the Landmarks (which it expressly bearsin 
it) but by Degrees, and those too, such Degrees as are now 
discovered and known, and that Lord Baltimore is intitled 
also to the every Extent of the 40th Degree, compleat, as now 
known and found out, and that all this is quite clear, and 
beyond Possibility of a Doubt, why then, indeed, we have 
granted him no Territory at all, and the Agreement may be 
said to be without any Consideration, save this, That it was 
to end a continued expensive Contest, which had subsisted for 
full .fifty Years together, almost to the ruin of the Parties ; 
and which had hindred also the publick G.ood, as it stopt the 
Settling so fine a Colony; And which Considerations alone, 
might be good, to intitle us to Relief, and the Assistance of a 
Court of Equity, to carry the Agreement into Execution. 

But, on the other hand, if it shall come out, as clear as the 
Sun, that we have, in this Agreement, granted to him an 
exceeding large Tract and Territory, Part of our own Prov- 
ince of Pensilvania, above all the Landmarks of his Charter, 
above every Part of the Peninsula, above the Isthmus thereof, 
above what was at the time of his Charter known to be the 
40th Degree, and above every one of his own successive Claims 
and Encroachments, from time to time; yea, many Miles 
above the highest of all his most extravagant Demands, why 
then, there is every way, such a good, real, and valuable Con 
sideration given, on our Parts, that this can, in no legal Pro- 
priety, be called a voluntary Agreement, or an Agreement 
without Consideration. 

3. 

The Defendant cross-examined two of our Witnesses, to know if 
Observations had not been taken at Philadelphia, and where 
the 40th Degree fell? 

John Musgiave, [Lib. H. fol. 34. Int. 8. fol. 37.] 

Has heard that there have been Observations formerly made 
at Philadelphia, and at the Head of Elk River: but knows 
nothing of the Particulars thereof. 



682 PENNSYLVANIA AND MARYLAND 

Benjamin Eastburn, {Lib. H. fol. 117. Int. 8. fol. 118.] 

Has been informed, that some Persons, several Years ago, 
made Observations in Philadelphia, in order to discover its 
Latitude. And this Affirmant has, likewise, made some Ob- 
servations, for the same purpose. And, according to the best 
Judgment he can form from his Observations, he believes, that 
the Market- Street in Philadelphia, does not lie so far North as 
the Latitude of 40 Degrees compleat, but near to the Norther- 
most Part of the said Degree. But, as Astronomers differ, 
among themselves, concerning the Places of the Heavenly Bodies 
their Declinations, and the Latitude of the Stars, and proper 
Allowances for Refractions, it is almost impossible to determine 
the exact Latitude of any Place, with the best Instruments ; 
And as the Instruments, chiefly made use of by the Affirmant, 
on this occasion, were made by himself, and very imperfect, he 
cannot take upon upon himself to speak certainly of the Lati- 
tude of any Part of the Street aforesaid : And says, that he 
has heard, and believes, that the Surveyors, appointed by Com- 
missioners, in pursuance of an Order of the King iu Council, 
about the Year 1733, to lay out the Northern Neck in Virgina, 
did differ, about the Latitude of one Place in the said Neck, 
fourteen, about another, fifteen, and a third, seventeen, Geo- 
metrical Minutes [which is very near 20 Miles.] And that his 
Information was from John Warner, one of the Persons em- 
ployed to make the said Observation, 

What pretty Work this would make, in explaining the 
King's Grants by Degrees (especially when there are cer- 
tain Landmarks in a Charter?) And what a hopeful Ac- 
count has the Defendant given, by his own Examination 
of this Witness, of the absolute Incertainty of Degrees, 
• even now? 

4. 

Next, My Lord examined some Persons, Dependants upon Mm, 
to give their Construction and, Opinion, as to the Extent of the 
Charter for Maryland. 
Colonel Thomas Colvill, of Maryland, aged 50, [Lib. 6. fol. 120. 
Int. 3. add. fol. 122.] 
Has seen the River Delaware at Newcastle Town, and believes 
it's there, about two Miles wide. And is, at the City of Phila- 
delphia, he believes, about a Mile wide. That the Tide water 
flows and ebbs, both at Newcastle and Philadelphia and, as he 
believes, twenty Miles higher. Knows not whether the Water 
at Philadelphia be salt, brackish, or fresh. 

It may be so, as this Maryland Witness of my Lord's says; 



BOUNDARY QUESTION. 683 

but, does it approach to the other Water, to make an Isthmus? 
No. We prove, that, from our Isthmus, the Waters greatly di- 
verge, both upwards and downwards. 

Thomas Hynson Wright, of Maryland, Esq. a Surveyor, aria 
the Defendant's Witness only, aged 52, [Lib. G. fol. 251. Int. 
7. fol, 255.] 
That he hath some little Knowledge in the Art of Surveying, 
and that he hath studied the same for about 30 Years last 
past : and that the Reason of his studying the Art aforesaid, was 
to qualify himself for the Office of Surveyor, and accordingly; in 
September 1720, was appointed Deputy-Surveyor of Queen 
Anne's County in Maryland, which Office he held, until he laid 
down the same of Choice. And saith, that he hath looked upon 
the Exhibit, markt No(l.) (which is afterwards said to be a Copy 
of the Bounds in my Lord Baltimore's Charter) and read and 
considered the same; And that he is of opinion, all the Land, 
lying on the North of a Line, drawn East from the Promontory 
or Point called Watkins Point, unto the main Ocean, and with 
the main Ocean and Delaware Bay* to the Extent of the 40th 
Degree of Northerly Latitude, and from thence, by the Degree 
aforesaid, to the Fountain of Potomack, mentioned in the Ex- 
hibit aforesaid, and, from thence, by the West and South Side 
thereof to Chesopeake Bay, and, from thence, by a strait Line, 
to the Promontory or Point, called Watkins Point as aforesaid, 
are included within the Limits of the Charter in the Exhibit 
aforesaid, mentioned. Saith that, having resided in Maryland, 
from his Infancy, and travelled thro' the greatest Part thereof, 
is pretty well acquainted with most Parts of the Eastern Shore ; 
and that he is of opinion, the three lower Counties aforesaid are 
within the Boundaries or Buttals in the Exhibit aforesaid men- 
tioned, because, the Expressions in the said Exhibit are clear 
and plain, to any Capacity, excepting that of the 40th Degree ; 
and that, would be improperly applied, to any other Place than 
the Extent of the Degree; for that, until it comes to the Extent 
of the 40th Degree, it would be only 39 Degrees, 59 Minutes, 
and so many Seconds. 

Note — This Surveyor is a very bad Expounder of the King's 
Charters; and he is, either a great Quibbler upon Oath, or 
else, a most wretched Mathematician ; for, with his Leave, 39 
Deg. 59 Min. is under the 40th Degree ; and so is 39 Degrees 1 
Minute; and every single Hair's Breadth, from 39compleatto 
40 eonipleat ; altho' none of them are to the Extent of the 40th 

*He does not pretend to go up Delaware River ; for he can find no 
such Word in the Charter; and yet, goes to the Extent of the 40th 
Degree. 



684 PENNSYLVANIA AND MARYLAND 

Degree compleat. I could wish he were here, to answer one 
plain Question, viz. Under what Degree is any Place, that lies 
?>0 Minutes North from the Equator? Is it not under the first 
Degree, altho' it is not to the Extremity of that first Degree 
compleat? This I would illustrate further, by asking him, 
Under what Degree 90 Min., or 110 Min., North from the 
Equator, is ? Would he say, they are under the first Degree? 
If so, he makes more than 60 Min. to a Degree; and it's evi- 
dent, to common Sense, that they are under the second Degree, 
for they are beyond the Extent of the first Degree, and, there- 
fore, cannot be in, or under, that. 

William Riomsey, of Maryland, a Surveyor, the Defendant's 
Witness, aged 42, [Lib. G. fol. 129. Int. 7. fol. 130. ] 
That in or about 1716, he began to study Geometry, Trigo- 
nometry, Plain and Mercator Sailing, and in 1724 he was made 
Deputy-Surveyor of Cecil County aforesaid, and has acted in 
that Station ever since, and saith he hath studied some other 
Branches of the Mathematicks, as Spherical Trigonometry and 
Dialling; but, as he had not a regular Education, he looks 
upon himself to have, in relation to them, but a superficial 
Knowledge and further saith, that the Exhibit, No (1.) he has 
read and considered; and that he is of opinion, that all the 
Land lying under the 40th Degree of North Latitude between 
the Bay or River* Delaware, and the Meridian of the first 
Fountain of Potomack River, is within the Limits of the Char- 
ter; unless the 40th Degree of North Latitude should intersect 
the aforesaid River of Potomack, before it reaches that Meri- 
dian; And all the other Lanrls, lying under the 40th Degree of 
North Latitude are excluded thereout. Saith, that he is Avell 
acquainted with divers Parts of Maryland, being born, and 
having lived most of his Life-time, therein. Saith. that he 
has been acquainted with the three lower Counties, about 17 
Years, where his Business has frequently called him; Saith, 
that he apprehends, that all the three lower Counties aforesaid, 
are within the Limits of the Charter aforesaid. That the 
Reason of such his Opinion is, because the said three lower 
Counties are a Part of the Peninsula in the Charter mentioned, 
lying to the Southward of the 40th Degree of North Latitude. 
Note— This Man contradicts the Fact admitted in fol. 13. 
of my Lord's Answer; where my Lord expresly admits that 
the three Lower Counties lie in the Peninsula, and also, 
above the Peninsula, within the Main Continent; for this 
Witness says they are all a Part of the Peninsula. So that 



* Where has he got the Word River? There is no such in the Char- 
ter. 



BOUNDARY QUESTION. 685 

we are in a fine Case ; First, my Lord admits a. Fact, to draw 
us into a Reliance and Dependance uoon it, and then he ex- 
amines this, and many other Witnesses, to disprove his own 
Answer. 
And another partiular Error of this Witness is, that he is 
looking to the 40th Degree as now known (108 Years after 
the Time of my Lord's Charter) whereas, if he were to go 
according to the Degree at all, it should be the Degree 
as then known. 
But the greatest Opinions have, unanimously, been, that 
my Lord's Charter is to be expounded according to the 
Landmarks, and not any imaginary Points in the Heavens, 
the Uncertainty whereof the Defendant himself has given 
such an Account of. 

Hugh Jones, of Maryland, Clerk, the Defendant' s Witness, aged 
49, \_Lib. a. fol. 4. Int. 7. fol. 5.] 
That he has been conversant in the Mathematicks, and es- 
teems himself, in some measure, skilled in them ; That he learnt 
Arithmetick at School, studied Geometry,. Geography and As- 
tronomy in the University of Oxford ; where, having taken the 
Degrees of B. A. and M. A. he was recommended, by the then 
Principal of the College, Doctor Win, Bishop of St. Asaph, to 
Doctor Robinson, then Bishop of London, who advised the De- 
ponent to perfect himself, as well as Time would allow, in the 
Mathematicks, for that his Lordship intended to send him over 
to the Colledge of William and Mary in Virginia, as Professor 
of the Mathematicks. That, thereupon, the Deponent applied 
himself to the Study of Algebra (which he had not applied 
himself to before) under the Instruction of Mr. Hudson of 
Christ-Church, and was admitted Professor of Mathematicks 
in the Colledge of William and Mary aforesaid, in the Year 
1717, and continued studying and teaching the Mathematicks 
there till 1721, and has made it his occasional Study ever since. 
Says he has lookt upon the Exhibit No 1, and has read and 
considered the same; and, according to the best of his Under- 
standing and Judgment, All the Lands, between the Tide Water 
*1 of Delaware, and the Meridian of the first or Westermost *2 
Fountain of Potomack, lying under the 40th Degree of North- 
erly Latitude from the Equinoctial, that is, at the Distance of 
2400 Minutes. from the Terrestrial Equator, *3 are within the 
Limits and Bounds mentioned in the Exhibit aforesaid. That 
he has been, often, in 10 of the 12 Counties of Maryland, and 
knows several Places in each of them, and has known the same 
about 20 Years: 14 of which he has resided in Maryland. That 
he has known the County of Newcastle about 8 Years, but is 



68G PENNSYLVANIA AND MARYLAND 

unacquainted with Kent upon Delaware and Sussex. That, 
for upwards of 8 Years last past, he has been Minister of a 
Parish, contiguous to Newcastle County, and has had frequent 
Occasions to go to Newcastle. Further declares, that, to the 
best of his Judgment and Understanding, all and every Parcel 
of the thrae Lower Counties are contained and included within 
the Limits and Bounds specified in the Exhibit; and saith that 
the Reasons for his Judgment concerning the Extent of the 
Charter to the said Distance from the Equator, are (1st) Because, 
to him, it seems located where New-England ends. *4, and 
Smith, in his General History, published before, and Ogilby, 
in his America, printed after the said Charter, both agree, 
that no Part of New- England could come more to the South- 
ward than 2400 Minutes North of the quator *5 ; 2dly, The differ- 
ent Cases of the Words Sinus and iEstuarium; the first, used 
in respect of Chesopeak, and the latter, in relation to Delaware ; 
for, had the Northern Limits been intended to have stopped 
short of the 40th Degree compleat, it might have been in a Part 
of Delaware as much as Sinus as Chesopeak is ; And the Reason 
why he conceives all the three Lower Counties to be within 
the Limit aforesaid, is because, from Observations taken, and 
Lines run, by himself and others, and Knowledge of the Situa- 
tion of the Places, he is fully convinced, that the most North- 
erly Part of Newcastle County (the most Northerly, of the 
three) (supposing Newcastle County not to extend more North- 
erly than 12 Miles North of Newcastle Town) is, at least, seven 
Minutes to the Southward of the said 40th Degree *6. 

Note — This is the very Person, who with his self-esteemed, 
but false Reasoning, has infected Lord Baltimore, and made 
him fly off from his Agreement ; and, therefore, we may expect 
to hear his Arguments enforced against us. But he has made 
several great Blunders in his Opinion. 
1. He takes all the Lands between the Tide-Water of Dela- 
ware and the Fountain of Potomack ; but why the Tide- 
Water? He afterwards tells us, that the Word Sinus is 
used as to Chesopeak, and another different Word,iEstuar- 
ium, as to Delaware. He does not, indeed, give us his 
Construction of Sinus, but that's wholly immaterial, as 
no Part of Chesopeak Water was mentioned for the North- 
ern Boundaries. And the only material thing is this JEs- 
tuarium of Delaware, which, I am sure, the Crown did 
not intend should be the Tide- Water of Delaware, because 
had he lookt a little further, he would have found that 
the Crown itself has, in the very Body of the Charter, 
called it iEstuarium de Delaware vocat Delaware Bay. 
Now we have proved, by a Number of Witnesses, that the 



BOUNDARY QUESTION. 687 

Head of Delaware Bay ends at Bombeys-book, a great way 
below Newcastle; whereas, they have got a single Wit- 
ness, who believes the Tide- Water flows 20 Miles above 
the City of Philadelphia,) which is really above 60 Miles 
more North than Bombeys-book, and which 60 Miles at 
a Touch, this Witness gets, only by striking out of the 
Charter the English Word Bay, and inserting in it a 
Word, which he likes better, Tide- Water. 

This Witness makes another very kind Construction for 
his Patron, of the King's Charter; for he says, all the 
Lands from the Tide- Water of Delaware, to the Meridian 
of the first or westermost Fountain of Potomack ; which 
is saying, to the first, or to the furthest and last Foun- 
tain. For the Charter begins with granting the most 
Eastern Lands first, (the Part of the Peninsula) and then 
proceeds and grants on to the Westward, to the Meridian 
of the first Fountain. But this Witness is right, for his 
Patron, he knows it will grant more, if it goes on and 
grants quite to the westermost Fountain and therefore 
he has again inserted Words into the Charter of the first 
(or westermost) Fountain. I know my Lord's Western 
Bounds do not affect us, but this abundantly serves to 
shew the Willngness of the Witness, and his Inaccuracy 
too, even when on his Oath ; so that no regard ought to 
be had to his Opinion, who, if he can't find, will yet 
make and add Words, to favour his Intentions, and his 
Patron. 

Having a very bad Argument to maintain, he affects to 
use very obscure and improper Terms, in order to con- 
fuse the Matter, even so as to talk very near to Nonsense. 
He says all the Lands lying under the 40th degree, that 
is, at the Distance of 2400 Minutes, are within the Limits 
and Bounds. If he means that it is not the Degree, nor 
under the Degree (as some of his fellow Witnesses contend) 
until that Degree is compleat, (and it certainly is com- 
pleat at the 2400 Minutes from the Equator) then, all 
these Lands, lying under the 40th Degree compleat, are 
no Lands at all; for the imaginai'y Line of 40 is an in- 
divisible Line, without any Space or Width in it. What 
can he mean then, by the Lands lying under the 40th De- 
gree, and yet, at the Distance of 2400, at which Distance 
they are not under, nor pan possibly be under, the 40th 
Degree? I know what he means, and will tell you. and 
it's plain that he chose and affected to speak in these 
dark obscure Terms, because, if he puts his Argument 
into a clear Form of Words, the Fact, upon which it 



PENNSYLVANIA AND MARYLAND 

depends, glares hiin in the Face, and destroys his Ar- 
gument in one Moment. He unquestionably means this, 
All the Lands South of 2400 Minutes North from the 
Equator, or South of that 40th Degree which is compleat 
at the Distance of 2400 Minutes North from the Equator, 
are within my Lord's Charter. Had he used these 
Words, they carry a very clear Proposition in them, and 
necessarily imply another, more short and more clear, 
that the whole Space of the 40th Degree was granted to 
Lord Baltimore ; which brings, it to a Fact that that 
whole Degree was granted to Lord Baltimore ; whereas I 
contend, that it was not, it could not, and it was not in. 
tended to be granted to him, for it was, before, most pre- 
cisely, granted to the Council of Plymouth for the ruling 
of New England, and my Lord's own Patent declares in 
express Terms, that his Province was to go to the Place 
where New England ended. 

. As to his first Reason for his Opinion, because it seems, 
to him, that Maryland was located where New England 
ended, we contend, it not only seems so, but is exprest, 
as clearly as Words can express, that it really was located 
where New England ends, and that is what we rely on. 

. He has a second Reason; for he says, that Smith and 
Ogilby both agree, that no Part of New England could 
come more Southward than 2400 Minutes North of the 
Equator. I have lookt, pretty well, into Smith and 
Ogilby both, and don't find that either of them agrees to 
any such matter. But, if they did both agree it, I am 
very sure of two things; 1st, That Smith, who originally 
printed his Book in the Year 1612, (and Ogilby afterwards 
copied from him) did not mean 2400 Minutes, as one Mr. 
Jones should observe, or judge them to be, 128 Years after 
he writ, viz. now in the Year 1740. And, 2dly, That the 
King's Charter, under the Great Seal, disagrees both with 
Smith and Ogilby; for that Charter to the Council of 
Plymouth grants, in plain English Words, from 40 Degrees 
to 48 Degrees inclusively ; whereas any such Expression of 
Smith and Ogilby would make it exclusively. 

, As to his Reason for saying, that all and every Parcel 
of the Lower Counties are included in Lord Baltimore's 
Charter, had he studied that Charter well, and. with it, 
my Lord's own Answer, he might have found much better 
Reasons to the contrary. For. 1st, The Lower Counties 
were culta. 2. My Lord had (as to this Matter) only a 
Part of a Peninsula, and admits upon his own Oath, that 
some of the Lower Counties lie out of that Peninsula, 



BOUNDARY QUESTION. 689 

for that they are up within the Main Land and Continent, 
3. My Lord was bounded on the East only by the Ocean, 
not so much as by the Bay or River, (much less by the 
Tide- Water) of Delaware. 4. He was to go from his South 
Bounds, usque ad such Part iEstuarii de Delaware, vocat, 
Delaware Bay, quae subjacet the 40th Degree. And, 5th, 
Were he to go by the Degree (which he was not) and were 
he to go to the 40th Degree compleat (which he was not 
neither) yet, it must not be the Degree which this Witness 
has found out now in 1740, but the Degree as known then 
in 1632. And that, as my Lord himself fixt it, by his own 
Book and Map, printed and publisht in 1635, three Years 
after his Charter, and after he had actually made his Set- 
tlement in the Country, and got acquainted with it, was, 
precisely, at the Head of Chesopeak Bay; whereas this 
Witness's modern Observation, makes it, now, full 26 
Miles and 3 Quarters more North than it was esteemed 
to be then. 
These are my poor Thoughts and Observations, who never 
learnt Algebra, or any other Part of the Mathematicks. 

And I can't omit one Observation upon this Witness. He 
swears he is Minister of a Parish contiguous to Newcastle 
County; so that, should my Lord, by the Help of his 
Opinion, extend his Province, this Witness will naturally 
extend his Parish ; no small Temptation to a Minister of 
Maryland, where, as I observe by the 16th Page of the 
Maryland Law-Book (proved in the Cause) the Minister 
is intitled to a very large yearly Allowance, of no less 
than 40 Pound of Tobacco per Poll, on the taxable Inhabit- 
ants (which are almost every Person, Servants and Slaves) 
within his whole District; so that the County of New- 
castle, with about 11 or 12,000 Persons in it, would make 
a fine Addition to Mr. Jones's contiguous Parish, as well 
as to my Lord's Province. 

But, for an absolute Answer to this Witness's Opinion, I 
would apply the solemn Order of Council, made upon 
Lord Baltimore's own Petition, and after many Hearings 
by Council, in the Year 1685, declaring that the three 
Lower Counties were not granted to Lord Baltimore, and 
ordering a Line to be run to divide them off, in very em- 
phatical Terms, to the 40th Degree. Which Order was 
also, several times afterwards confirmed. 

And I would also apply the Opinions of Sir Clement Wearg, 
the present Lord Chief Justice Willes, and the present 
Lord Chancellor Hardwick, all of which, I presume, were 
44— Vol. XV. 



690 PENNSYLVANIA AND MARYLAND 

far better Expositors of the Charter of the Crown, than 
this Mr. Hugh Jones is ; and who unanimously agree that 
the Landmarks, and not imaginary uncertain Points in 
the Heavens, were to be his Boundaries. 

There is another Observation, too material to be omitted. 
My Lord has examined a Witness of his own only, one 
John Miller, (who will be mentioned by and by under 
another Head) and he has told us, not where the 40th 
Degree, according to modern Observations, is, (which 
would have been exceedingly material for my Lord Balti- 
more to have shewn, who insists that he has a Right to 
go to the 40th Degree compleat) but he has told us the 
Latitude of our Cape Cornelius, and that it is in 39 De- 
grees and 5 Minutes. Now if we should believe this single 
Witness of my Lord's, and should also agree that my 
Lord is to go quite to the 40th Degree compleat, even as 
now sworn to by that Witness, What would be the Con- 
sequence of that? Why the Consequence is, that the Line 
given my Lord by the Articles, is 66 English Miles above 
that Cape Cornelius; and Cape Cornelius itself is 5 
Minutes, which is 5 English Miles and T 8 ^ths above the 39th 
Degree ; so that we have granted to my Lord 71 English 
Miles and T 8 <yths above the 39th Degree compleat, conse- 
quently two Miles and three Tenths of a Mile above this 
Witness's new 40th Degree compleat? 

What can my Lord say to this? He must either say that 
his own Witness, who took and swore to that Observation 
(and the only one that fixes the Latitude of any one Place 
whatever) knows nothing at all of the Latitude he has 
sworn to, (and^which indeed is very true, Degrees being 
so uncertain) or else, he must admit that we have granted 
to him, already, two Miles and three Tenths above even 
his present Demand. 

Such is the Case, the Defendant has made for himself. 

5. 

John Hart, of Maryland, Ferryman, Defendant's Witness only, 
[Lib. G. fol. 246. Int. 20. fol. 247.] 

He lives at a Ferry in Queen Anne's County, Part of the 
Peninsula; and the Isle of Kent is separated from the Peninsula 
by a Water, which, in the narrowest Part of it, where he 
keeps a Ferry, he believes, is about 150 Yards wide. That the 
said Island lies to the Westward of the Peninsula, and is Part 
of Queen Anne's County aforesaid. 
Thomas Hynson Wright, [Lib. G. fol. 251. Int. 20. fol. 266.] 

Says the same. 



BOUNDARY QUESTION. 691 

Ergo — I suppose the Order of Council was not forged; for 
there is such an Island, and it lies very near the Peninsula, 
and consequently, there must have been such an Order of 
Council relating to it. 

6. 

The Defendant thought that we had not sufficiently proved 
his small Loghouse Fort, so he cross-examined two of our 
Witnesses about Forts, till he got out another very antient 
Swedish and Dutch Fort, in Newcastle County, one of 
the Three Lower Counties, which, I suppose, he did not 
chuse to hear of, viz. 

William Peterson, of New Jersey, aged 92, [Lib. H. fol. 7. Int. 

4. fol. 10.] 
Says, that when he first came into America (which, in Answer 
to the second Interrogatory, he says was in the Year 1658) there 
was a Fort by the North side of Christiana Creek, about three 
Miles from its Mouth, which was then possest by the Dutch, 
but, the Deponent was informed, originally built by the Swedes, 
to keep Possession from the Dutch. 

John Rambo, of New Jersey, aged 79, [Lib. H. fol. 19. Int. 4. 

fol. 23.] 
He remembers the Ruins of a Fort, which stood about 3 or 4 
Miles up Christiana Creek, on the North-East side thereof, and 
as he believes about 4 Miles North-East from the Town of New- 
castle. He has been informed by his Father, and other ancient 
Peopla, that the said Fort was built and maintained by the 
Swedes. 

I doubt this is not the Fort the Defendant wanted to en- 
quire after; but he has got it, and by it, has himself 
proved, that the Swedes and Dutch had been settled there, 
not Lord Baltimore. 

7. 

The following nineteen Depositions tend to prove two 
Points; 1. That my Lord Baltimore did, about 1673, burn 
and destroy a Place, then called the Whorekills,now called 
Lewes-Town. 2. The Place where those Whorekills were ; 
and that, for a two-fold Purpose, viz. in order to affect 
our Cape Cornelius, as well as to shew what he did to 
assert his Right in the Three Lower Counties. 

Boudoin Robins, of Maryland, aged 34, [Lib. O. fol. 282. Int. 7. 
additional fol. 286. ] 
Has heard of a Place called the Whorekills, which is now 
called Lewis-Town, and he understands lies in Sussex County, 



692 PENNSYLVANIA AND MARYLAND 

about five Miles distant from Cape Hinlopen, markt in the 
Plan before produced to him Cape Cornelius, and lies opposite 
to Cape May. Knows the Places on the Sea-Coast called Indian 
River, and Phenix's Island. Believes the Whorekills is distant, 
Northward, from Phenix's Island aforesaid, about twenty -two 
Miles, and about twelve Miles, to the Northward of Indian 
River. 

John Miller, of Maryland, aged 44, [Lib. G. fol. 271. Int. 7. 
addit. fol. 277.] 
Has been at a Place, formerly called the Whorekills, and now 
called Lewis-Town, which lies in Sussex County, that is near 
opposite to a Point of Land called Cape May in New Jersey. 
Has heard that the Whorekills aforesaid were burnt, by one 
of the Defendant's Officers and Men, but knows not on what 
Occasion. Is acquainted with Phenix's Island and Indian River, 
and that the Whorekills is about twelve or thirteen Miles 
Distance, Northward, from Indian River, and about twenty 
two or twenty three Miles Distance Northward, on a strait 
Line, from Phenix's Island. That the Whorekills is situate 
within Delaware Bay, upon a Creek, about five Miles Distance 
from the Pitch of the Cape markt Cape Cornelius in the said 
Exhibit. 

Albert Cox, of Maryland, aged 47, [Lib. G. fol. 90. Int. 7. ad- 
ditional fol. 91.] 
Has heard of a Place called the Whorekills, and has heard 
his Father say that he was prest for a Soldier to go burn and 
destroy all before them at the Whorekills; but whether it was 
done or not, cannot tell. 

Colonel Thomas Colvill, of Maryland, aged 50, [Lib. G. fol. 120. 
Int. 7. additional fol. 123.] 
Has heard of such a Place as is called the Whorekills, which, 
he understands, is the same Place now called Lewis-Town in 
Sussex County ; Has heard of such a Place as Indian River, 
but knows nothing of it. 

Thomas Hynson Wright, of Maryland, aged 52, [Lib. G. fol. 251. 
Int. 7. additional fol. 267.] 
Has heard of a Place or Town called the Whorekills, lying 
in Sussex County, and has always understood that the Place 
now called Lewis-Town, is the Place formerly called Whore- 
kills, and lies opposite to a Point on the North side of Delaware 
Bay called Cape May. Has heard ancient People say that the 
Wnorekills was formerly settled by the Dutch, and refused 
Obedience to one of the Defendant's Ancestors, ; who, there- 
upon, sent Officers to subject them, and that, he understood, 
they burnt and destroyed their Habitations. 



BOUNDARY QUESTION. 693 

Gideon Tillman, of Maryland, aged 57, [Lib. G. fol. 202. Int. 7. 
additional fol. 203.] 
Has been to'd by his Father, that he lived with Colonel 
Francis Jenkins, upon the Whorekill Creek, and that the Place 
in Sussex County, where Lewis-Town is now built, is the Place 
was formerly called the Whorekill Town ; and hath also heard 
his Father say that it was opposite to a Cape, but does not 
remember the Name. Has heard his Father say, that every House 
at the Whorekill, and the House his Father lived in, were burnt 
except a House called the Cave which belonged to a Dutchman : 
And heard his Father say it was burnt by one Captain Howell, 
to prevent the Dutch taking of it; for that the said Dutch had 
taken New York, or some other Place ; And that the People of 
the Town, complaining of the Burden of maintaining the Sol- 
diers, Captain Howell went from the Town, under a Pretence 
of seeking Relief from the Lord Baltimore, came back the next 
day, and ordered the Soldiers to separate, and go two together 
to each House, and burn them; which they accordingly did, 
after having taken the Arms out of the respective Houses; and 
then, being afraid to stand it, the said Howell, ran away to 
New- York. And further has heard his Father say, that he helpt 
to carry the Chain for the said Jenkins, to survey several Tracts 
of Land, under the Lord Baltimore, near the Whorekill Town, 
and in particular to survey the Land on which the said Town 
stood, before the burning the said Town as he believes. And 
that the said Colonel Jenkins and his Father, sent their Wives 
away, from the said Whorekill Town, to Somerset County in 
Maryland, before the said Burning, for fear of the Dutch. And 
that after the Burning aforesaid, the said Colonel Jenkins and 
his Father went themselves to Somerset County aforesaid. 

George Veasey, of Maryland, aged 61, {Lib. G. fol. 82. Int. 7. 
additional fol. 85.] 
Has heard of a Place called the Whorekills, lying in Sussex 
County, but never saw it. Has heard, from some ancient Men, 
that Lord Baltimore made a Demand of the said Place, and 
that the People there refused to become Tenants to the Lord 
Baltimore, whereupon the Lord Baltimore, sent a Party of 
Men, who burnt a Part of the Town. 

James Potter, aged 64, [Lib. G. fr I. 150. Int. 7. additional fol. 

152.] 
Is well acquainted with the Place or Town formerly called 
the Whorekiln, which is now called Lewes-Town. That it lies 
in Sussex County. That the Whorekills, now called Lewis- 
Town, lies opposite to a Point or Cape of Land called Cape 
Hinlopen or Henlopen, there being a Creek that runs between 



694 PENNSYLVANIA AND MARYLAND 

the Town and Cape aforesaid. Has heard his Mother say, that 
her Father removed out of Somerset County in Maryland, and 
settled at a Place called Rehoboth, within seven Miles of the 
Whorekills aforesaid; That, some time after, the then Lord 
Baltimore sent a Captain, with 40 Men, to defend the People 
there from the Heathen ; That the People, being poor, could 
not maintain the Men sent by Lord Baltimore, but that the 
People sent his Lordship Thanks, for sending to protect them, 
but desired the Men might be taken away, because he Inhabi- 
tants were poor, and could not maintain them. Whereupon the 
Lord Baltimore, as this Deponent has likewise heard, said, Poor 
Rogues! Can't they maintain 40 Men? And, afterwards, sent the 
said 40 Men to burn the Houses, which was done. Whereupon 
the People then sent this Deponent's Grandfather, and another 
Person, to New York, to sollicit Relief for the Injuries they had 
sustained. He has heard of Phenix Island, and is acquainted 
with Indian River. Does not know how far Indian River is 
to the Southward of the Whorekiln, but says that Indian River 
divideth the County of Somerset and Maryland, from Sussex 
County. 

Robert Money, of Maryland, aged 65, [Lib. G. fol. 36. Int. 7. ad- 
ditional fol. 38.] 
Has heard his Father, Jeffry Peterson, and Guiseman Cock, 
say, they were prest, to serve under one Captain Howell, as 
Soldiers, to attack and demand Possession of a Place called 
the Whorekills, for the Lord Baltimore, and that they went 
and burnt a Barn and some Outhouses, and to the best of his 
Remembrance, that the Inhabitants submitted to them. And 
he understood that this Transaction was about fifty-seven Years 
ago [1673]. 

William Price, of Maryland, aged 66, [Lib. G. fol. 59. Int. 7. 
additional fol. 61.] 
Has heard there is such a Place as is called the Whorekills, in 
the County of Sussex, but never saw it. Has heard his Father say 
that Soldiers were sent from Maryland, that did burn some 
Wheat Fields, or Stacks of Corn, at or near the Whorekills, and 
that there was not above six or eight Dutch or Swedes Families 
there, at that time: but how long it is since the same hap- 
pened, or was done, does not remember to have heard. 

Walter Scott, of Maryland, aged 69, [Lib. G. fol. 52. Int. 7. ad- 
ditional fol. 54.] 
Has heard of a Place called the Whorekill. Has heard that 
the Whorekills borders upon the Sea and Delaware. Heard one 
John Atkey say, that he was one of the Soldiers that was sent 



BOUNDARY QUESTION. 695 

to subdue the Whorekills. And also heard him talk of burning 
and subduing, but what he does not remember. 

Margaret Simpson, aged 69, {Lib. G. fol. 194. Int. 7. additional 

fol. 195.] 
Has heard the Place now called Lewis-Town, was called the 
Whorekill-Town, as she apprehended by way of Ridicule, and 
that the proper Name she understood to be Lewis-Town, ever 
since she knew it, and lies over-against Cape May. Heard that 
Lewis-Town was taken and burnt by some Persons, but by 
whom, or on what Occasion, knows not. Knows a Place called 
Indian River, and that, about 40 Years ago, she lodged at the 
House of one Jenkins, who said he was a Tenant of one William 
Clark of Lewis-Town. And she knew one John Stokely, who 
lived about a Mile to the Southward of the Place where Jen- 
kins lived, and below the Place where Indian River now empties 
itself into the Sea; which said Stokely was while he lived 
there, to the best of her remembrance, a Justice of the Peace for 
the County of Sussex aforesaid. And believes the Mouth of 
Indian River is about eighteen Miles distant from Lewis-Town 
aforesaid, and lies to the Southward of the said Town. 

Martha Johnson, uncertain of her own Age, but believes 72, 
[Lib. G. Fol. 210. Int. 7. additional Fol. 211.] 
Knows a Place, which was called the Whorekills, and is 
called Lewis Town, and lies in Sussex County. And she 
knows of no Cape opposite to it, but the Cape near Lewes- 
Town. Says she saw the Whorekilns burnt, when she was a 
Girl, and her Father's House in particular; but by whom, or 
by whose Order, knows not, but has heard it was done by one 
Captain Howell. She has heard of Indian River and Phenix's 
Island, but does not know where they lie. 

John Webster, of Maryland, aged 72, [Lib. G. Fol. 125. Int. 7. 
additional Fol. 126.] 
Knows a Place called the Whorekills, lying in the County of 
Sussex. That it lies upon a little Creek. That over or oppo- 
site to it, across the Creek, there lies a Cape, that was called 
Cape Hinlopen when he lived there, which was about 51 Years 
ago, [about 1689] Knows a Place called Indian River, which 
lies 10, 12 or 14 Miles co the Southward of the Whorekills. and 
is not acquainted with the Sea Coast. 
The last Witness we cross examined. 

James Morgan, of Maryland, aged 80, [Lib. G. Fol. 91. Int. 7. 
additional Fol. 93.] 
Has heard of a Place called the Whorekills, and has been 
told, by two Persons, that they went along with Captain 



690 PENNSYLVANIA AND MARYLAND 

Howell, who had a Commission from Lord Baltimore, to burn 
and destroy the Whorekills. That, when they came there, 
they gave the Inhabitants three Days time to remove their 
Effects. That the Dutch Families did take the greatest Part 
of their Effects away; but the English Families that were then 
there said. They would remove nothing, and if they would 
burn they might; That thereupon, they fired the Town and 
returned home. 

John Fleaharty, of Maryland, aged 102, [Lib. G. Fol. 145. Int. 
7. additional Fol. 148. ] 
Knows the Place formerly called the Whorekills, the Place 
which is now called Lewes Town, opposite to Cape May, and 
near Cape Hinlopen, marked Cape Cornelius in Lord Balti- 
more's Map. And says that the County of Sussex was formerly 
called Whorekill County. Has heard the Lord Baltimore sent 
an Officer, and some Men, to demand Possession of the Whore- 
kills of the Dutch Inhabitants, which they refused to give; 
upon which, he heard, some Houses were burnt. Knows the 
Place called Indian River, and that the Whorekill Town, now 
called Lewes Town as aforesaid, is about 7 or 8 Miles to the 
Northward of Indian River as he believes. 

Isaac Freeland, [Lib. H. Fol. 65. Int. 10. Fol. 67. ] George Ross, 
[Lib. II. Fol. 69. Int. 10. Fol. 73.] 
That the Town, now called Lewes, was formerly called the 
Whorekills, and that they are one and the same Place. 

John Teague, our Witness, [Lib. H. Fol. 43. Int. 5. additional 

Fol. 45.] 
Was also cross examined to this; and he says that Lewes 

Town, and the Place formerly called the Whorekills, is one 

and the same Place. 

To what End the Defendant examined these 19 last Wit- 
nesses, I don't know; nor have we cross examined any 
one of them (save John Webster and Greorge Ross, and 
our own Witness Teague) to any Matter whatever. 
It is most certain, and we readily admit, that the Cape, 
near Lewes Town, which in my Lord's Map was marked 
Cape Cornelius, (and rightly so, according to all the an- 
cient Maps) has been, for several Years past, called, by 
some Persons, Cape Inlopen or Hinlopen; The Name of 
the old Cape, which was a deceitful Cape to Sailors, or 
something like that Name, being, latterly, transferred up, 
from Phenix's Island, to the Plase where there is a real 
and actual Cape which is at the Mouth or Entrance of 
Delaware Bay, and is nearly opposite to Cape May. But 
this Fact, if it stood alone, is of no sort of Service to 



BOUNDARY QUESTION. 697 

Lord Baltimore; But it is accompanied, by his own 
Witnesses, with such other Facts as prove the substance 
of the thing entirely with us. 

Do these Witnesses prove that the Whorekills is the Place 
which was orginally called Hinlopen by the Dutch, and 
so named in their Maps ? For that's the precise Matter 
put in Issue by my Lord's Answer as the Instance of 
Deceit upon him? 

Is there any Possibility of Doubt whether the old Cape Hin- 
lopen was, or was not, at the Mouth of the Bay? Certainly 
there can be none. Where does the very first Dutch Rec- 
ord that we have, in the Year 1629 or 1630, place it? Why 
8 great Miles (8 Leagues) South of the Bay of the South 
River. Where does the Order of Council of 1685 place it? 
Why down somewhere in the Sea ; for the Peninsula, which 
was then, (by the Parties Agreement as I may say) to be 
divided, was such a Peninsula as was bounded by Dela- 
ware River, Delaware Bay, and the Ocean ; which last 
Boundary had been absolutely wrong if the old Cape Hin- 
lopen had lain at the Mouth of the Bay. Where do all the 
ancient Dutch and Swedish Maps place Cape Hinlopen? 
Why just as my Lord's own Map does and as the Articles 
express it, South of Cape Cornelius. 

Do these Witnesses fix this New Cape Inlopen or Hinlopen, 
to be the South Bounds of Sussex County? No. IftheFa^t 
had come out so, Then, indeed, my Lord's Map might have 
been wrong, and might have deceived him; but all his 
own Witnesses, as well as ours, say, that this New Cape 
Hinlopen, was not the South Bounds of Whorekill, or 
Sussex County ; but, that Sussex County went down to 
Indian River, and below or South of Indian River, and 
that a Magistrate of Sussex County lived in that South 
Place; and that that Indian River, itself, now, at this 
very time, divides Maryland and Pensilvania; which In- 
dian River they make to be 12, 13, 14, or even 18 Miles 
South of, or below the Whorekill Town, or this new Cape 
Hinlopen. So that, had we taken our South Bounds of 
these lower Counties (as my Lord Baltimore insinuates 
we ought to have done) up, at this New Cape Inlopen or 
Hinlopen, tho' he himself gave us, and we were really 
intitled, down to the Old Cape Hinlopen, We should have 
been deceived with a witness, for we should have given 
*iip to him 18 Miles of what his own Witnesses prove is 
in our actual Possession. And please to note all our 
Witnesses and Evidence prove our true South Bounds go 
down lower yet, quite down to the Old Cape Hinlopen. 



698 PENNSYLVANIA AND MARYLAND 

And altho' my Lord's Sheriff of Somerset County made 
a sort of fresh Pursuit, for the first time, up above 
Phenix Island, near to Indian River, only about the Year 
1696, when one Peter Waples run away for Debt out of 
Maryland, yet, he has not proved a single Settlement 
made by him North of Fenix's Island, to this Hour. 

I would here, in time, observe one thing, the Defendant 
imagines that the Whorekills, and the Cape, are synoni- 
mous Terms for one and the same Puneto or Point of 
Land, whereas, the Whorekills was always a District or 
Territory, and a very extensive one, under the Dutch, and 
the Duke of York, and was made into a County (with its 
particular Bounds, which pray mark, in the written Evi- 
dence) by William Penn, as soon as ever he took Posses- 
sion of the County in 1682. Who then, instantly, granted 
out to Fenix's Island, which is the old Cape Henlopen, 
to the Duke of York, to himself, and to numbers of other 
Persons; and the Cape is a Point of Land only, not a 
District or County. 

Well, but my Lord made all this Proof, for another Purpose 
also ; for he swears, Fol. 77, that he believes his Ancestors 
exercised all Acts, of Proprietorship and Government in 
the Lower Counties, and again, Fol. 188, that he and his 
Ancestors have claimed, maintained and supported their 
Right to the lower Counties, and have been at Expence 
in building Fortifications therein, to defend the Inhabit- 
ants from the Indians. So that this most cruel Action, 
of burning the Whorekills, the Wheat Fields, the Stacks 
of Corn, the Barns, the Outhouses and the Dwelling- 
houses of all the poor Inhabitants, was a [Maryland] Act 
of Proprietorship, and which, he, also, did, in a very good 
Humour, and under Terms of great Pity and Compassion 
to the poor People. What, are they poor, can't they 
maintain 40 Men? Then, burn all that the poor People 
have in the World ! A dreadful Act of Propriety? And 
what aggravates the Inhumanity of this savage Action 
is, that these Men were sent, colourably, to defend the 
Inhabitants from the Dutch, (at a remarkable time, about 
1673, when the Dutch threatened, and actually did re- 
enter) and to defend them from the Heathen; but, in 
reality, to burn all they had in the World. This is- his way 
of Asserting his Right, and defending his Tenants: 
And what do his own Witnesses prove, besides and beyond 
all this? Why, that the Town was settled before. But, 
then, he burns out the People, and falls to surveying 
the very Town, which our Witnesses, and his too, prove 



BOUNDARY QUESTION. 699 

to have been then an ancient settled Town by the Dutch. 

There is one other Instance, or two, of my Lord, and his 
Ancestors, asserting their Right to the lower Counties, 
which his Witnesses don't mention. His Grandfather 
invented, and he revived, a sham Order of Council about 
Clayborne and the Isle of Kent; and he himself is deny- 
ing, and swearing away, his own solemn Agreement; 
which are Acts highly worthy to be ranked along with 
the foregoing Instance ; being, each of them, an Act of so 
high and flagitious a Nature, as none, but himself, would 
give an Opportunity to have told of them. But please to 
observe, besides all the Depositions which prove that my 
Lord Baltimore never possessed the Whorekills, but that 
the Dutch, the Duke of York, and Mr. Penn did, our 
written Evidence not only corrects the Time of this Trans- 
action, that it was about June or September, 1672 ; but it 
shews that Lord Baltimore could not possess the Whore- 
kills ; for, on 12th of Auugst 1672, there is Governor Love- 
lace's Letter to tho Governor of Maryland, demanding Re- 
paration for some former Insult. And on 14th April. 1673, 
the Governor of New York sends the Magistrates of New- 
castle down, to hold a Court at the Whorekills, to en- 
quire into the late irregular Proceedings there, and to 
settle the Government and Officers there, under the Duke's 
Authority, as formerly. And that was immediately suc- 
ceeded by the Re-entry of the Dutch. After which, and 
after the English being again repossessed, viz. on 6th 
November, 1674, there is Governor Andros's Commission 
to Captain Cant well and Mr. Tom to repossess and settle 
the People in their just Rights at the Whorekills; and 
5 Days after that, viz on 1 lth November, 1674, there 
is Governor Andros's further Commission, to them two, 
to administer the Oaths to the Magistrates at the Whore- 
kills. And on 9th January, 1674, there is his Letter to 
Captain Cantwell, thanking him for having settled the 

' Magistrates at the Whorekills. 

So that, the burning the Whorekills by Lord Baltimore 
was an Act of Power and Force, but not attended with 
any Possession. 

8. 

Note — Before we go any further in the Defendant's Proofs, 
it may be necessary to obsere, that the following eight of the 
Defendant's Witnesses, here named, were never at all examined 
by us, to any Point whatever; but, in the Defendant's own 
Examination of them, they have proved themselves to be in- 



700 PENNSYLVANIA AND MARYLAND 

terested in the Dispute; so that we object to them as being 
disqualified. Their Names, and the Places where they prove 
their own Interest, are here under marked. So that, as often 
as their Depositions are mentioned, we put the Mark* before 
their Names. 

* William Barnes, Lib. G. Fol. 181. Int. 6. Fol. 182. 
*Zebulon Hotting sworth, Lib. G. Fol. 64. Int. 2. additional Fol. 66. 
*Ann Holy, Lib. G. Fol. 103. Int. 8. additional Fol. 106. 
*Daniel Needham, Lib. G. Fol. 155. Int. 6 Fol. 156. 

* Benjamin Peirce, Lib. G. Fol. 94. Int. 21. Fol. 95. 

* Nicholas Ryley, Lib. G. Fol. 41. Int. 11. additional Fol. 42. 
*Adam Short, Lib. H. Fol. 60. Int. 8. Fol. 61. 

* Richard Thomson, Lib. G. Fol. 109. Int. 21. Fol. 110. 

9. 

Joseph Rose, the Defendant's Witness, [Lib. H. Fol. 40. Int. 2. 
. Fol. 40.] 
Says that a Paper Writing, No 1. (endorsed a Copy of the 
Exemplifications of Letters Patent from King Charles the Sec- 
ond to the Duke of York, taken from the publick Registry kept 
in the Secretary's Office in New Jersey) . Also the Paper Writ- 
ing, No 2. (endorsed Copy of Part of a Deed from the Duke 
of York, to the Lord Berkeley and Sir George Carteret, taken 
from the said Registry) are both of his Hand Writing, and are 
true Copies, taken from the said Registry, kept in the Secre- 
tary's Office at New Jersey, he having examined them, the &c. 
at the End of No 2. excepted ; The Reason of that being there 
is, because he was ordered by the Defendant's Council to copy 
no more of the said Deed. That this Deponent acts for one 
Mr. Home, who is Deputy Secretary of New Jersey, and this* 
Deponent thas the Care and Keeping of the Books, Papers and 
Records kept in the said Secretary's Office. 

I don't know whether No. 1 is the first Grant in 1663, or 
the second Grant in 1674, which was made of New York, 
to the Duke of York ; but we have proved both of them 
from the Chappel of the Rolls here. 
As to No. 2. which is plainly the Duke's Grant of New- 
Jersey, I know there was such a Grant, but don't know 
the Contents, and as the Defendant's Council have gar- 
bled it, and ordered the taking a Copy of a Part only of 
it, we desire that Part may not be read. 

Colonel Robert King, of Maryland, aged 51, [Lib. G. fol. 319. 
Int. 16. fol. 320. J 
Has lookt upon a Paper Writing markt No. 7. and endorsed 



BOUNDARY QUESTION. 701 

(Extracts out of the Registry Books kept by James Weedon, 
and Francis Jenkins, Surveyors of Land on the Sea-side and 
Delaware Bay) and that they are true Copys, taken from a 
Book of Certificates, which belonged to Colonel Francis Jenkins 
deceased, who, in his Life-time, was Surveyor of Somerset 
County from 1671 to about 1680, as this Deponent has heard ; 
[Note, This Deponent was not born until 1689] and that the 
Entrys, of which the said Papers purport to be Copies, which 
are signed by the Name of Jenkins, he believes to be made in 
the Books, by the said Jenkins, whose Hand-writing the De- 
ponent was well acquainted with, having lived with him sev- 
eral Years. And that the rest of the Entrys, of which the said 
Papers purport to be Copys, he has heard, were made by one 
James Weedon, who was a Surveyor, as he has also heard, but 
was not acquainted with Weedon, or his Hand-writing. Aud 
he believes the said Entries, so made by the said Jenkins, was 
made as Surveyor of the County aforesaid, [that is Somerset 
County in Maryland] and that, by the Descriptions of the 
Lands in the said Entries mentioned, he supposes, some of the 
said Lands to lye about the Whorekills, and the rest to lye 
between Delaware Bay and Indian River, and that the said 
Jenkins was the first Person this Deponent saw possest of the 
said Book, who continued possest of the same till his Death; 
and that after his Death, it remain 'd some time, in Possession 
of Jenkins's Widow, from whom this Deponent received the 
said Book, and he has compared and examined the said Paper 
Writing, by the Original Papers whereof they purport to be 
Copies with three Persons, within the Space of four or five 
Months last past. 

This is a most strange Deposition. He has heard that Jen- 
kins and Weedon were Surveyors, but does not say that 
he believes it; and these Entrys or Papers have been in a 
private Person's Hands, and he supposes they relate to 
Lands in such and such Places. 
We beg that not a Paper of these may be read, these were 
made where the Order of Council of 1638 was. 

Griffith Beddoe, of Maryland, [Lib. G. fol. 18. Int. 11. jol. 23.] 
Has lookt on the Exhibit No. 4. purporting to be Extracts 
or Copies of several Grants or Patents of Lands, recorded in the 
Land Record Books of Maryland, and they are true and exact 
Copies of what they purport to be Copys of, out of the Land 
Record Books of Maryland, and he examin'd them, with the 
said Record Books, a few Days before he was examined : says 
the said Record Books are kept in the Land Office in the State 
house of Maryland, and that the Entrys of the said Patents, in 
the said Record Books, appear to be fair and regular, and to 



702 PENNSYLVANIA AND MARYLAND 

be done, at the times they ought to have been enter' d and 
recorded according to Usage and Practice of Maryland. 

This is a very suspicious piece of Evidence: the Witness 
does not venture to say that he believes they were fairly 
entered at any such times; only that they appear to be 
fair, and to be done at such times as by the Usage and 
Practice there they ought to be done. 
And we remember that they make Returns of Surveys there, 
without seeing the Land, and so they may make Entries, ac- 
cording to their Usage, without seeing the Grants. 

Griffith Beddoe, of Maryland, aged 39, [Lib. G. fol. 18. Int. 10. 

fol. 19.] 
Is acquainted with the usual Method of taking up, and pat- 
enting Lands in Maryland, which he became acquainted with 
by being a Clerk in the Land-Office ever since the Year 1727. 
And the Method has been as follows : The Persons applying 
for Land, pays the Proprietor's Agent the usual Fine for the 
Number of Acres he desires, who gives a Receipt, directed to 
the Chief Clerk in the Land Office, who makes out a Warrant 
for such a Number of Acres, directed to his Lordship's Sur- 
veyor; who, as he shall be directed by the Person who obtains 
the Warrant, surveys the Quantity of vacant uncultivated Land, 
in any Part of the Province where it is desired, and returns a, 
Certificate to the Land Office; from whence it is transmitted 
to the Examiner-General, for Examination ; and when the Cer- 
tificate has past the Examiner's Office a Patent is, in the Land- 
Office, made out, carried to the Chancellor to be signed, thence, 
to the Keeper of the Seal, to be sealed. And, after that, the 
Patent and Certificate recorded in the Land-Office. That the 
Place, where cultivated, vacant Lands are desired to be taken 
vip, have, always, been particularly described, in special War- 
rants, since he has been a Clerk in the said Ofice. That the 
Persons obtaining common Warrants have been at liberty to 
take up vacant uncultivated Land, in any Part of the Province, 
within 6 Months after the Date. And that all Warrants, be 
they special or common, if they are not executed in 6 Months 
from their Date, are of no force, unless renewed before the 6 
Months expire. That all Warrants, that issue out of the Land- 
Office, are assignable, from one Person to another ; That all 
Patents for Lands were granted under the Great Seal of the 
Province. And the Estate granted, a Fee Simple. 

A great deal of Ceremony, to no manner of Purpose ; for 
they have confest that these Returns of Surveys are often 
made without so much as a View of the Spot certified to 
he surveyed. 



BOUNDARY QUESTION. 703 

Besides this Witness does not pretend that this was, here- 
tofore, the usual Method of making Grants in Maryland. 
And my Lord in His own Answer, fol. 291. says, that this 
Method of vacating Warrants, if not made use of, has 
been in Use for 15 Years before his Answer, that is, from 
1722. 
John Ross, of Maryland, aged 44, [Lib. G. fol. 303. Int. 9. fol. 

305.] 
Is acquainted, and conversant in, the Council Books, of Mary- 
land, having been appointed Chief Clerk of the Council there 
in 1728, and continued so ever since. Says the Paper- Writings 
markt No 3. (endorst Extracts of Copies from the Council-Books 
of the Province of Maryland) are true Copies from the said 
Council Books, and were copied by himself and another within 
five Months past, compared and examined the same, by the 
Originals of which they purport to be Copies, and that the 
Council Books [he does not say the said] are kept at the Coun- 
cil Office, at Annapolis. And that the Articles in the Council 
Books, of which the Exhibit aforesaid purports to be Copies, 
appear to be fairly made, and, as he believes, were done at 
the time the several Matters by the said Dates of such Entries, 
are supposed to have been transacted. 

We don't know what these relate to, but suppose they re- 
late chiefly to Colonel Talbot's Loghouse or Fort set up in 
1683. But don't care to admit these, for fear of some foul 
Play in them. Nor are the Books of the Minutes of Lord 
Baltimore's Council, Records; nor ventured to be called 
so ; wherefore hope they shall not be read. 

James Boyden, of Philadelphia, Merchant, the Defendant's Wit- 
ness, aged 30, [Lib. H. fol. 100. Int. 2. additional fol. 101. J 

Has lookt upon the Paper-Writings markt No. 5. and says 
that the Extracts and Copies therein contained, he believes to 
be true Copies of what they purport to be Copies, having been 
examined by this Deponent, and the Deputy Secretary of New- 
York, this Deponent reading the Original Records, while the 
Deputy Secretary lookt over the said Extracts and Copies, and 
corrected them according to the said Originals. 

Note — We have too much Reason to fear every thing which 

comes from the Defendant and as to Extracts, they can't be 

read ; nor are these Copies, I think, duly proved, the Witness 

read the Orginals only to the other Person. 

William Ghiselin, of Maryland, aged 36, [Lib. G. Fol. 249. Int. 
.19. add. Fol. 249.] 
That the Parchment-Writing markt No. 9. purporting to 
be Letters Testimonial of several Copys, or Extracts, from thu 



704 PENNSYLVANIA AND MARYLAND 

Records in the Secretary's Office in New York, and he examined 
and compared the same in the Fort at New York, with the 
Deputy Secretary there, by the original Record Books, of which 
the same purport to be Copys or Extracts, and the same are 
true Copys, or Extracts from the original Record-Books. 

I believe this Parchment Writing is really a Paper Writ- 
ing; but no Copys from New York will hurt us. What 
his Extracts are, I don't know ; and if they are Extracts, 
or Abstracts they are not Evidence. 

10. 

The Defendant wanted to know, who were the first Dis- 
coverers, who were the first Settlers, and what were the 
first Names, of the three Lower Counties ; in order whereto 
he examined two of his own Witnesses, viz. 

Charles Hillyard, of Kent County, aged 63, [Lib. G. Fol. 158. 
Int. 3 and 4. Fol 160.] 
Does not know who were the Persons, that first discovered 
the three Lower Counties; and the first Name he heard the 
said Counties called by, was the Territories of Pensilvania ; and 
hath since been called the Counties of Newcastle, Kent and 
Sussex upon Delaware. And that they have been generally, so 
called, by all the Inhabitants of the three Lower Counties, and 
some of the People of Maryland, with whom he has occasionally 
conversed upon that Subject. That he understands the Lower 
Counties to be distinct, both from the Provinces of Pensilvania 
and Maryland. 

The same, [Int. 4. fol. 162. ] 

Has heard the first Christian Inhabitants and Settlers of the 
three Lower Counties, were Swedes; and that they were, after- 
wards, settled by the Dutch; and that some Parts of Newcastle 
County and Sussex County, were first settled; the Settle- 
ment made in Sussex County was, then, called the Whore- 
kills. That the Swedes and Dutch, where they settled, made 
Plantations, as he has been informed by one William Clerk, 
Receiver of Rents, and Surveyor for William Penn Esq; and 
several other Persons. 

John Holliday, of Kent County, aged 39, \Lib. G. fol. 170. Int. 

3. fol. 172.] 
He never heard them called by any other Name than New- 
castle, Kent and Sussex, or the three Lower Counties. He does 
not understand that they are within either of the Provinces of 
Pensilvania or Maryland, but under a separate Government, 
and distinct from each. But has heard that the said Counties 



BOUNDARY QUESTION. 705 

have been claimed by the Proprietors of Pensilvania; and also 
by the Proprietor of Maryland ; and that the same Person who 
exercised the Acts of Government in Pensilvania, has, ever 
since this Affirmant's arrival exercised the Acts or Powers of 
Government in the said three Counties. 

11. 

The Defendant's own Witnesses not coming out to his lik- 
ing, he next cross-examined the nine following of our 
Witnessess to prove that the new Cape Hinlopen lies op- 
posite to Cape May. 

Thomas James, of Philadelphia, Pilot, aged 49, [Lib. H. fol. 12. 
Int. 2. fol. 13.] 
Was born in Pensilvania, and has resided in, and near, it ever 
since. He knows the Places called Cape May, Cape Henlopen, 
and the Whorekills, which last is generally now called Lewes. 
Has known the same above 28 Years. That Cape May, and the 
Cape now called Hinlopen, lye opposite to each other, and make 
the Mouth of Delaware Bay. 

Elizabeth Morris, Widow, aged 65, [Lib. H. fol, 26. Int. 2. fol. 27.] 
Lived from her infancy till she was above 20, in Sussex County, 
and the residue of her time in Philadelphia. Has seen Cape 
May, and the Cape opposite to it, at the Whorekills, which 
bore the Name of the Whorekill Cape, and Cape Hinlopen, as 
she believes — Has known the aforesaid Places 55 Years. That 
they have been reputed to be the Capes of Delaware. 

Samuel Hotting sworth, Farmer, aged 67, [Lib. H. fol. 29. Int. 

2. fol, 30.] 

Came into America in 1682, lived in Newcastle County from 
thence to 1701, and has resided ever since in Chester County in 
Pensilvania. 
John Musgrave, Farmer, aged 73, [Lib. H. fol. 34. Int. 2. fol, 35.] 

Has lived ever since 1682 in Pensilvania and one of the three 
Lower Counties. 
Samuel Preston, Esq., aged 75, [Lib. H. Fol. 104. Int. 2. fol. 105.] 

Has lived in Maryland, the three Lower Counties and in Pen- 
silvania, from his birth to this time. Has known Cape May, 
Cape Hinlopen and the Whorekills above 50 Years. That Cape 
May and Cape Inlopen from [it should be form] the Mouth of 
Delaware Bay, and have, always, since he knew them, been 
reputed to do so; and are opposite to each other. That the 
said Cape Inlopen is near to the Town now called Lewes, but 
formerly the Whorekills, 
45— Vol. XV. 



706 PENNSYLVANIA AND MARYLAND 

John Rambo, of New Jersey, Farmer, aged 79, [Lib. H. fol. 19. 
Int. 2. fol. 20.] 

Was born in the Place now called Pensilvania, near where the 
City of Philadelphia now stands; where he resided for above 
the first 20 Years of his Life, and since resided in the Jerseys. 
Knows Cape May and Cape Hinlopen, which lyes opposite to 
Cape May, and a Place called the Whorekills. That he was 
there a Whaling about 50 Years ago, and has never been there, 
at any other time. That they have been reputed to be the 
Capes of Delaware. That they have, as he has heard, been so 
reputed, ever since the first Discovery of those Parts— and that 
the Mouth or Entrance of Delaware Bay lyes between the said 
Capes. 
Joseph Wood, Carpenter, aged 81, [Lib. H. fol. 4. Int. 2. fol. 4.] 

Has lived in America about 62 Years — soon after his arrival 
there he settled under the Government of Sir Edmund Andros, 
who was then Governor of New York under the Duke of York, 
on the West side of Delaware, near the Falls, and has generally 
resided on the same Place ever since he settled it. 

John Teague, of Maryland, Planter, aged 85, [Lib. H. fol. 43. 
Int. 2. fol. 44.] 
Was born in Virginia,, and has lived from his Infancy in 
Somerset County in Maryland. Does not know Cape May, but 
has known the Whorekills, and the Land from Phenix's Island 
to the Whorekills Town, for above 50 Years. And that the 
said Land has been called by the Name of Inlope, for the said 
Time. 

Thank him for this, very kindly. 

William Peterson, of New Jersey, Farmer, aged 92, [Lib. H. fol. 
7. Int. 2. fol. 8.] 
Came into America about 82 Years ago [1658] and lived, for 
20 Years next following, in Christiana Creek, and then removed 
into the Jerseys, and there has resided ever since. That, at the 
time he settled at Christiana, the Dutch were possess'd of that 
Part of the Country and were, afterwards, dispossest by the 
English under Captain Carr. That, some time after that, the 
Dutch again took, and possest it, till an Exchange, as he has 
heard, was made between the English and Dutch, of Surinam 
for that and other Places. That he knows Cape May and the 
Whorekills, but does not know of any Cape called Henlopen. 
That he has known Cape May and the Whorekills about 70 
Years, and that they have been deemed and taken to make the 
Entrance or Mouth of Delaware Bay. 

Exceedingly material in this Old Witness, he never heard 
of Cape Hinlopen up at the Whorekills, tho' he knew it 



BOUNDARY QUESTION. 707 

70 Years. This shews that it :s a new Name given to that 
Upper Cape. 
And this is what the Defendant has got, upon Jiis Cross 
Examining our nine old Witnesses to this Point. 

12. 

The Defendant next examined three other Witnesses, of his 
own, to prove what Settlements were made, and under 
what Government, near and about Philadelphia, before 
the Year 1680. 

George Fitzwater, aged 66, {Lib. H. fol. 85. Int. 12. fol. 87.] 

Has heard and believes that several Swedish Settlements were 
made, near the Place where Philadelphia stands, before the 
Year 1680, and to the Northward of it about ten Miles, and to 
the Southward of it, as far as, or near to, Chester. Says he 
believes such Settlers had Grants from the Governor of New 
York; but can't say who appointed such Governor. 

Benjamin Banckson, aged 71, [Lib. H. fol. 83. Int. 12. fol. 84] 
Says that, before the Year 1680, and he believes before he was 
born (which must be before 1669) several People were settled, 
near to the Place now called Philadelphia, both to the North- 
ward and Southward. Farther says, he has heard from his 
Mother, and believes, that she was born at the Place called 
Kingcess. 

Richard Bufflngton, aged 85, [Lib. H. fol. 88. Int. 12. fol. 90.] 
Says that, before the Year 1680, there were some Settlements 
made upon Delaware, from the Falls thereof, downwards to 
the Whorekill Town, by English, Swedes, Dutch and Finland- 
ers. That this Deponent was, about Sixty Years ago, [1680] at 
the said Whorekill Town, that is now called Lewes; which 
then seemed to be an old Town, and to have been a great while 
settled. That the People, who were so settled upon Delaware, 
took their Grant from a Governor of New York, under the Duke 
of York. And that Courts were held, at the Town of Upland, 
now called Chester, under the Government of the Duke of York, 
and his Governor at New York. 

One would think the Defendant was labouring to prove our 

Case for us. And 
This shews the Reason why we took, from the Duke of York. 

his Release even as to the Province of Pensilvania it self; 

he having a great Number of Tenants settled there, under 

his Government of New York. 
But the Defendant, not being yet satisfied, he went on, and 

cross examined four of our ancient Witnesses, to the same 

Points, and burns his Fingers again. 



708 PENNSYLVANIA AND MARYLAND 

William Peterson, of New Jersey, aged 92, [Lib. H. fol. 7. Int. 

9. fol. 11.] 
Says that, when he came into America (which in Answer to 
the second Interrogatory, he says was in 1658) there were some 
Swedes settled, on the Place where Philadelphia is built, both 
above and below it; and that there was a Fort, about 5 Miles 
below, on an Island in the Mouth of Skuylkill River, orginally 
built by the Swedes, but then in the Possession of the Dutch, 
who were likewise possest of all the Country thereabouts. 
So here is another Swedish and Dutch Fort at Skuylkill. 

Joseph Wood, aged 81, [Lib. H. fol. 4. Int. 9. fol. 6. ] 

Says that, when he first came into America, (which in Answer 
to the second Interrogatory, he says was in the Year 1678) there 
were but three Inhabitants, near about the Place where Phila- 
delphia now stands; and that one of them was a Finlander, 
who was settled about a Mile above the Place where Philadel- 
phia now is; and the other two, Swedes, named William and 
Swan Swanson, who were settled about a Mile below where the 
said Town now is. That he does not know under what Gov- 
ernment the said Persons settled originally; but heard, that 
they were at the time of the Deponent's Arrival, under the 
Government of New York. 

John Rambo, of New Jersey, aged 79, [Lib. H. fol. 19. Int. 9. 

fol. 23.] 
Says that there were several Settlements, made, before the 
Year 1680, near about the Place where Philadelphia now is, 
both to the Northward and Southward of the same, by Swedes, 
Dutch and English, under the Authority of the Swedes and 
Dutch, respectively, and afterwards under that of the English. 

John Musgrave. aged 73, [Lib. H. fol. 34. Int. 9. fol. 38. ] 

Has heard that, before the Year 1680, there were many Settle- 
ments made, by the Swedes and Dutch, under the Government 
of the Dutch, above, below, or near, the Place where now Phila 
delphia stands. 

13. 

The Defendant went on, and examined another of our Wit- 
nesses, to prove how the Whorekills had been settled, and 
under whom. 

John Teague, of Maryland, our Witness, cross-examined, aged 

85, [Lib. II. fol, 43. Int. 6. add, fol. 46.] 

Has known the Whorekills Town, upwards of 50 Years; does 

not know how many Families there were, in the said Town, 

when he was first acquainted with it, but believes there were 



BOUNDARY QUESTION. 709 

about 5 or 6 Families. That he is unacquainted what Number 
of People were settled in the Country about it. And that the 
People, in and about the said Town, as he has heard, were, at 
his first Knowledge of them, under the Government of William 
Penn Esq ; 

So the Defendant had enough of this, and examined no more 
Witnesses thereto. 

14. 

The Defendant wanted to prove a Susquehanna Fort, situ- 
ated a great way North, up in the Country, about the 
River Susquehanna; and in order thereto, examined the 
7 following Witnesses, of his own, viz. 

Paul Poulson, of Maryland, aged 53, [Lib. G. fol. 124. Int. 6. 
add. fo. 124. ] 
Has heard, from several ancient People, there was a Fort, 
upon the Ri^er Susquehanna, at a place called Conejocula, upon 
the West side of the said River, and that he supposes it was 
built by the Indians. 

Thomas Hitchcock, of Maryland, aged 58, [Lib. G. fol. 77. Int. 
6. add. fol. 78.] 
Has heard his Father and several other ancient Persons say, 
that there was a Fort, on the River Susquehannah, but where, 
or by whom maintained, he knows not. 

* Ann Holy, of Maryland, aged 60, [Lib. G. fol, 103. Int. 6. add. 

fol. 105.] 
Has heard of a Fort, at Susquehannah, many Years ago ; but 
by whom built, or where situated, she has never heard, till 
about a Week since from her Husband; who told her that it 
was a gi-eat way up Susquehanna River, and above Conestoga; 
and that she, many Years ago, heard one Captain Hill lost his 
Hand at the said Fort. 

George Veasey, of Maryland aged 61, [Lib. G. fol. 82. Int. 6. 
add. fol. 54.] 
Heard one Major Kelton say that he was one of the Soldiers 
that attackt an Indian Fort in the Night, and that there were 
several Men killed in besieging the said Fort; but where the 
said Fort was situated, or the time when this happened, knows 
not; but believes it was some Years before he was born. [That 
must be some Years before 1679 then.] 

William Price, of Maryland, aged 66, [Lib. G. fol. 59. Int. 6. 
add. fol. 60.] 
Has heard a general Rumour that there was a Fort on Sus- 



710 PENNSYLVANIA AND MARYLAND 

quebanna, built against the Indians, but where situated, or 
by whom built, does not remember to have heard. 

Patrick Mauyher, of Maryland, ayed 67, [Lib. G. fol. 117. Int. 
6. add. fol. 118.] 
Says that, when he was a Servant, in Governor Nicholson's 
Time, he heard there was a Fort, that stood upon Susquehanna, 
built by the Mingo, or Susquehanna Indians. That he has heard 
it was attacked and taken by one Colonel Ninian Bell, and the 
Indians there were slaughtered. That he was told, by one Wil- 
liam Cannon, now living, that the said Indian Fort stood upon 
a Part of the Plantation whereon he the said William Cannon 
now lives at Conejocula. That he was also told by one Philip 
Roper, that the said Roper was wounded, at the taking of the 
said Fort, by an Indian Arrow, in his Leg, and the Deponent 
has seen the Wound aforesaid. And that the Deponent was told 
that 150 Christians were killed at the taking of the said Fort. 
And the Deponent has also heard that the said Colonel Beale 
went to attack and take the said Fort by the command of the 
Honourable Francis Nicholson, then Governor of Maryland. 
[This must be since 1694, so that the Witnesses widely disagree.] 
Note — It appears, by the Maryland Book of Laws, proved 
in the Cause, at Fol. 3. that Francis Nicholson was Governour 
in September, 1694; and it appears at Fol. 7. of the same Book, 
that he was the King and Queen's Governour; so that, where- 
ever this Fort was, if it was attackt, it was so attackt by 
Governour Nicholson, as the Crown's Governour of Maryland, 
not the Proprietor's Governour ; Maryland Government being 
taken into the hands of the Crown before 1694, and continued 
so till 1716, as appears manifestly from the enacting Style of 
every one of their Laws during that Space of Time. 

John Fleaharty, of Maryland, ayed 102. 

Has heard that the Lord Baltimore did begin, or intend, to 
build a Fort at Conestogo, or Susquehanna. 

We did not offer to examine any one of the last seven Wit- 
nesses. Indeed they prove nothing. Every Word is Hear- 
say. And if there was a Fort up, at Conejocula, yet they 
should shew that that was the Susquehanna Fort, and 
that it was ever known or heard of in 1680, in order to 
apply this to any thing for their purpose. Whereas our 
Evidence destroys any thing like that. 
But the Defendant went on, and cross-examined one of our 
Witnesses, viz. 

Samuel Preston, ayed 75, one of our Witnesses, cross-examined , 
[Lib. H. fol. 104. Int. 2. add. fol. 104.] 
Remembers when he was a Boy to have heard, that the Sus- 



BOUNDARY QUESTION. 711 

quehanna Indians, near the River Susquehanna, as he believes, 
built a Fort, which was attackt,and taken, by some People from 
Maryland, under the Command of one Colonel Bell ; but how far 
the said Fort was from the Mouth of the said River, knows not. 
Says, that, when he first heard of the said Fort, he was so young 
tnat he has but a faint Remembrance of a Rumour about it. But 
further says, that, above 20 Years ago, he rode over the River 
Susquehannah, above Conestogo Town, with Samuel Carpenter 
and Joseph Wood, and, about a Mile from the said River, on 
the West Side thereof, saw a Field, with an Apple-Tree in it, 
and was told (by Joseph Wood, he believes) that, according to 
the Description of one Garland, an Indian Trader, he the said 
Wood believed, that was the Place where the Susquehannah 
Indians forted themselves in, when they were pursued by Col- 
onel Bell from Marvland ; but says, he believes the said Wood 
knew nothing more of the Place than by Hearsay, [Note, Joseph 
Wood is examined in the Cause himself, by both Sides] Has 
heard, and believes, that the Susquehannah Indians aforesaid, 
had killed some People, upon Patapseo in Maryland, [Note, 
That's down very low in Maryland] and, to secure themselves, 
built the Fort as aforesaid; and that the before-mentioned 
Colonel Bell, with some Men from Maryland, pursued them, 
besieged their said Fort, and obstructed their receiving any 
Provision into it, by which means the Indians were obliged to 
leave it, and by Force rusht thro' the said Bell's Men. 

The Same, [Int. 21. add. f oh 115.] 
Has never heard of any other Fort on the West Side of 

Susquehanna ; and says, the Place, shewn to him by Joseph 

Wood, is a little farther North than the Place in the printed 

Plan called Conestogo. 

If the Defendant can possibly make any Use of this Depo- 
sition, and would imagine this to have been a Susque- 
hannah Fort, and to have been a Fort really situated at 
Conestogo, upon this hearsay Story at 3d or 4th Hand yet, 
such Fort appears, by the latter Part of the Deposition, 
not to have been any abiding settled Fort, such as was 
mentioned in the Orders of Council in 1680, but a sudden 
extempore Fort, run up, just when the Indians had (down 
in the very Body of Maryland) murdered the Persons, to 
defend themselves against Colonel Bell, and those who 
were then pursuing them for that Murder. 
You will please to remember, that, tho' the Orders of 
Council about 1680, talk of the Susquehanna Fort, yet, 
Mr. Penn's Charter for Pensilvania, contains no such 
Limitation or Restriction to that Fort. 



712 PENNSYLVANIA AND MARYLAND 

And indeed, if you cast your Eye upon my Lord Baltimore's 
Plan, or upon the general Plan, you'll see what a Sort of 
a Peninsula would be formed, if he was to go up above 
Conestogo. 

And most certainly, the Susquehanna Indians, who were a 
great Tribe, might have different Forts, and at different 
times; so that no particular Fort can be applied to that 
Order, if the Place of this Fort had been proved or fixed. 

And, if we believe my Lord Baltimore's own Book and Ac- 
count of his Province, publisht in 1635, after he had ac- 
tually made his Settllement, (for he gives an Account 
therein of his Landing, of his Settlement, and of the whoie 
Country) He tells us, in so many plain Words, at Fol. 7. 
That the Susquehannocks, a warlike People, that inhabit 
between Chesopeak Bay and Delaware Bay. bad drove the 
Indians of Yocomaco higher up into the Country. And 
that Scituation of the Susquehannocks does not at all 
agree with Conestogo, which lies up a great way North 
of every Part of Maryland. 

So that the Susquehannocks had no Fort, up so many Miles 
in the Country, nor, had any Christian ever been up so 
high as Conestogo, in long after 1680, as our Witnesses 
have proved. 

15. 

Charles Brockden, the Defendant's own Witness, [Lib. H. fol. 
102. Int. 17. fol. 102.] 

Has lookt on the Paper Writing, No 3. (endorst William 
Penn to William Standley, Release for 500 Acres in Pensilvania) 
That the Name, C. Brockden, is of his Hand-writing, and he 
is Deputy Master of the Rolls for Pensilvania, and Recorder of 
Deeds for the City and County of Phildelphia, and has the 
Keeping of the Records of Deeds in the said City and County; 
and says, the Exhibit is a true Copy ot what it purports to be 
a Copy of, taken from the Records in his Custody as Recorder. 

So that this last Proof will clear all Objections, when we 
cross-examined this same Witness to prove several other Records 
in his OfHc3 for lis. 

Benjamin Eastbum, our Witness cross-examined, [Lib. H. fol. 
117. Int. 24. add. fol. 122.] 
Has lookt upon the same Exhibit, which he calls a Release 
for 5000 Acres. And has heard, that, about, or, before, the first 
Settlement of the Province of Pensilvania under Mr. Penn, he 
made Deeds or Grants, for very large Quantities of Land, in 
the said Province, to several Persons; but the particular Quan- 



BOUNDARY QUESTION. 713 

tities, does not remember. Further says, he believes that the 
said Deeds, or Grants, and the Considerations and Terms were 
much the same, as those in the said Exhibit, except what re- 
lates to the Indians ; and as to that, he can't charge his Memory. 
Further says, that he has seen a Copy of the Concessions, or 
Constitution, referred to in the said Exhibit; And that it 
contained particular Terms, about Lots in and near Philadel- 
phia, and the Settlement of the said Lands ; also, other things, 
which he can't particularly remember. 

Charles Brockden, the Defendant's Witness, [Lib. H. fol. 102. 
Int. 1. add. fol. 103.] 
Has iookt upon the Paper Writing, markt No 4. (endorst a 
Copy of the Frame of Government of the Province of Pensilva- 
nia, and Territories thereunto annext, or, William Penn's 
Charter to the People of the said Province and Territories there- 
unto annext,) And has examined and compared the same, 
with the Record, from whence it's described, and that it is a 
true Copy thereof. 

We don't know what the above Release to Standley is, or 
what Use is designed to be made of it; I suppose, to shew 
that Mr. Penn sold out some few Lands, upon very cheap 
. Considerations, as soon as he had his Grant of Pensilvania, 
in order to tempt Persons to go over and begin his first 
Settlement ; for that he most certainly did. 

16. 

Benjamin Eastbiirn, our Witness, cross-examined, [Lib. H. fol. 
. 117. Int. 19. add. fol. 121.] 
Does not certainly know, but has heard, and believes, that 
the Town of Newcastle lies very near 20 Miles South of Phila- 
delphia. 

John Taylor, the Defendant' s own Witness, [Lib. H. fol. 95. Int. 

15. fol. 95.] 
Says, he, by Direction of the Plaintiff Thomas Penn, did 
measure how far the Town of Newcastle lies South, of the City 
of Philadelphia, and found it to be about 18 English Statute 
Miles. 

Note — He does not say when he measured this ; and the De- 
fendant, in his Interrogatory, Lib. H. fol. 157. studiously, 
and on purpose, avoids to ask as to the Time when? If he 
would now fancy that this was before the Agreement, Num- 
bers of our Witnesses prove, that Mr. Thomas Penn was never 
in America, till after the Agreement executed. 
And the Defendant's Surveyor Hynson Wright, swears he 
surveyed all the lower Counties, to see where the Tangent 
Line would fall. 



714 PENNSYLVANIA AND MARYLAND 

17. 

John Taylor, the Defendant's own Witness, [Lib. H. fol. 95. Int. 
It. fol. 96.] 
Has never heard that any other Line, 12 Miles distant from 
Newcastle, has been run, by Order of the Plaintiff's Ancestors, 
or themselves, than one, to mark part of a Circle oi 12 Miles 
Radius from the Town of Newcastle, and separate the County 
of Newcastle from Chester County in Pensilvania. And further 
says, That several Parcels of Land, lying South of the Parallel 
of the most Northern Part of the said Circle, are held under 
the Plaintiffs, as within the Province of Pensilvania, by Grants 
made about and since the Year 1683. Some of which Lands, 
the Affirmant says, he believes extends South of the Parallel 
aforesaid about 6 or 8 Miles, and are extended Westwards, from 
the County of Newcastle, to the River Susquehannah. Further 
says, he cannot judge what Quantity there may be settled as 
afoi-esaid, or the Number of Persons they are held by ; but knows 
that several Townships, and a great Number of Inhabitants, 
are so settled as aforesaid. 

Samuel Preston, our Witness, but cross-examined, [Lib. H. fol. 
104. Int. 12. add. fol. 114.] 
That all the Grants made by the Plaintiffs, in the 3 iower 
Counties, are to the Southward of a Line, drawn West from 
Delaware, 12 Miles North of Newcastle Town. 

18. 

The Defendant examined the following Witness, in order to- 
prove an Isthmus somewhere. 

William Rumsey, of Maryland, the Defendant's Witness, aged 
42, [Lib. Q. fol. 129. Int. 1. add. fol. 137.] 
Is well acquainted with Christiana Creek and some of the 
Branches thereof. And also is acquainted with Elk River, and 
most of the Branches thereof. Has seen the Mouths of both 
Christiana Creek and Elk River. That Christiana Creek runs 
into, and flows out of, Delaware Bay or River; and Elk River 
runs into, and flows out of, Chesopeak Bay. That Christiana 
Creek runs through Part of Newcastle County. And the 
Branches of Elk River run up thro' Cecil County, into Chester 
County, in the Government of Pensilvania. That the small 
Branches, a little below the Springs, of the said River and Creek, 
do approach, within a Quarter of a Mile of one another, but 
believes they do not interlock. Is acquainted with, and assisted, 
as a Surveyor, in running that Part of the East and West Line, 



BOUNDARY QUESTION. 715 

lately run by his Majesty's Order in Council, between Delaware 
and Susquehanna; and he believes that the Mouth of Christiana 
Creek lies about three Mi les to the Northward of the said East 
and West Line. 

Note — This Man stands single, and alone by himself. They 
have not been pleased to prove any Map on their Part; not 
even of this Line which, this Man says, he assisted to run. 
Nor is he so kind as to tell us whereabouts these same small 
branches are, which at the Spring Heads, approach so near : 
All he says, is, that the Mouth, of one of those Rivers, is, as 
he believes, about 3 Miles North of the East and West Line 
which he assisted to run. He is mistaken in that Fact, as 
appears by our Map. But, if that was true, what consequence 
does it carry? The Mouth of a River, especially in America, 
(where their Creeks are larger than any Rivers we are here 
acquainted with) may be 3 Miles North of a Place, and the 
Head, at the first Spring may be 30, or many more Miles South 
of it. He certainly intends that the Branches or First Springs 
are still more North, but then he should have said it, which 
he does not. And if so, they are a great way up within the 
main Continent ; And, for Proof thereof, tins very Deposition, 
and my Lord's own Answer, will serve us, as well also as our 
Map. For he tells us, that Christiana Creek runs thro' Part 
of Newcastle County, and my Lord confesses in Folio 13. of 
his Answer, that the three lower Counties (of which all the 
Witnesses agree that Newcastle is the most Northern) are scitu- 
ate on the Eastern side of the Peninsula, and also, above the 
Peninsula within the main Land or Continent. So that this 
Person would have the Isthmus of the Peninsula, (which they 
mean to use this Evidence for) lay a vast Number of Miles up 
within the main Continent ; whereas we, have proved, by 
many Witnesses, not only the true Isthmus, at the Head of 
the Peninsula, formed by the Tide- Waters approaching so near 
to each other as to flow within 4 Miles, from Apoquinomy to 
Bohemia; We have proved, by many more Witnesses, another 
Isthmus, a little more North than our first, being 22 Miles 
asunder, and formed by the very Head of the great Bay of 
Chesopeak and great River of Delaware themselves; we have 
proved, by many Witnesses, that, within the Peninsula itself, 
there are many Rivers that interlock. And we have, addi- 
tionally proved that, within the Peninsula itself, thei*e are 
several Rivers which rise from one and the same Head, and 
run, both ways, quite across the Peninsula, from Chesopeak 
Bay to Delaware Bay or River. And we rely on it that the 
Heads of such small Branches, as this Witness speaks of, where 
the Run of Water is but like a Straw, perchance a great deal 



71G PENNSYLVANIA AND MARYLAND 

less, could not be in Contemplation, nor can possibly, in the 
Nature of the Thing, from the Isthmus to this Peninsula, 
which, in all the other Parts of it, is surrounded by the vast 
Atlantick Ocean, and by the gi'eat Bays of Chesopeak and 
Delaware ; but the plain natural Shape of the Land, and the 
Approach of the flowing Tide-waters, on each Side, or, at 
must, the Approach of the Bay of Chesopeak, and River of 
Delaware, to each other, is what forms the Isthmus. 

19. 

The Defendant wanted to know further, whether the Mouth 
af Christiana Creek or River lay to the South, or to the 
North, of the Line lately run by Order of the King in 
Council ; and, in order thereto, cross-examined 4 of our 
Witnesses. 

Samuel Hotting sworth, [Lib. H. fol. 29. Int. 7. fol. 33.] John 
Musyrave, [Lib. H. fol. 34. Int. 7. fol. 37.] 
Knew nothing at all of the Line. 

Samuel Preston, [Lib. H. fol. 1U4. Int. 7. fol. 108. 1 

Was acquainted with the Mouth of Christiana Creek, but was 
unacquainted with the Line. 

Benjamin Eastbum, [Lib. H. fol. 117. Int. 7. fol. 117.] 

Is acquainted with Christiana River, in Newcastle County, 
and also with the Line, lately run by Order of the King in 
Council, between the Proprietors of Maryland and Pensilvania; 
but the said Line being begun, to the Westward of Newcastle 
County, can't say whether that Line is to the Northward, or 
Southward, of the Mouth of the said Christiana River. 

20. 

The Defendant examined Three of his own Witnesses, to 
prove where some Places called Kingsess, Mill Creek, 
Charges Creek, or Westerhock lay ; who wonderfully dis- 
agree therein. 

Mordecai Howell, [Lib. H. fol. 54. Int. 7. fol. 57.] 

Knows a Place called Kingsess, and it lies about a Mile and 
half or two Miles to the Southward of Philadelphia. 

George Fitzwater, [Lib. H. fol. 85. Int. 7. fol. 86.] 

Has heard that a Piece of Land, lying about six Miles below 
Philadelphia, and on or near Skuylkill River, is called King- 
sess. 



BOUNDARY QUESTION. 717 

Benjamin Banckson. [Lib. H. fol. 83. Int. 7. fol. 84] 

Knows the Places formerly called Kingsess, Mill Creek, 
Charges Creek, or Westerhock. That Kingsess is about seven 
or eight Miles below Philadelphia, and on a Creek falling into 
Skuylkill River. That Mill Creek and Westerhock are about 
the same Distance from Philadelphia, and about a Mile from 
each other. 

So that the Kingsess is either 1 Mile and h, or 8 Miles, 

below Philadelphia. 
And Millcreek and Westerhock are about 7 or 8 Miles from 
Philadelphia, some way or other. 

21. 

William Price, of Maryland, aged 66, the Defendant's own Wit- 
ness only, [Lib. O. fol. 59. last Interrogatory fol. 63.] 
That he being at Marcus Hook on Delaware, about forty Years 
ago, [that must be 1700,] several People, who then lived at 
Marcus Hook, informed this Deponent, that there was a bounded 
Tree there, called my Lord s bounded Tree; and that Marcus 
Hook aforesaid, as Deponent has heard and believes, is about 
16 Miles up the River Delaware, above Newcastle Town. 

The above are the very Words of the Witness; what Lord 
he, or his Informers, meant, whether they meant Lord 
Delaware, who went up, and gave his Name to, that River 
Delaware, or any other Lord, Does not appear from this 
hearsay Evidence. And it's observable, that the Defendant 
has examined 71 Witnesses of his own, from the Age of 102 
downwards, and cross-examined 27 of ours; and we have 
examined 70 Witnesses of our own, and cross-examined 10 
of his; and yet,- not a, Syllable of any such bounded Tree, 
is mentioned, by any one but this single Man ; and that 
too, in answer to the last general Interrogatory, whether 
he knew any thing more for the Benefit of the Defendant? 

22. 

The Defendant examined two Witnesses of his own, to 
prove that his Ancestor in 1682, went up Delaware to 
Chester, in order to make an Observation, and how he 
was received there by the People ; and that, in going back, 
at Marcus Hook, &e. he forewarned a few Inhabitants 
from paying any more Quit Rent to Mr. Penn. 

James Widdouas, aged 76, Defendant's own Witness only, [Lib. 
H. fol. 77. Int. 10. fol. 77.] 
Has lived in Chester County ever since 1681. That in 1682, the 



718 PENNSYLVANIA AND MARYLAND 

Lord Baltimore came, out of Maryland, to the Head of Apoqui- 
mouiy, and from thence, up Delaware, as high as a Place then 
called Upland, and now called Chester, accompanied by several 
Gentlemen, who came in two Boats. He has heard from Persons 
then present, and believes, that the Lord Baltimore then declared 
that he intended to go higher up the River, and had got instru- 
ments with him, in order to see how far his Dominion reached, 
but, that he was stopt by the People who lived thereabouts, who 
were Swedes, Dutch and English, who brought out Guns and 
Staves against him. Does not know who the People were, that 
accompanied the Lord Baltimore; but has heard and believes 
that one of them was a Captain of a Man of War. That he 
landed at the House of one Robert Wade, on the Southwest 
Side of Chester Creek, and to the best of Deponent's Remem- 
brance, continued there, for about two or three Days, with 
Governour Markham, then Governour of Pensilvania, That 
he had been credibly informed from Persons, who said they had 
been present at the same Time, that the Lord Baltimore caused 
an Instrument to be set up to know how far his Government 
extended? And that it was then agreed, by the Artist there 
present, that it reached to the Place where Philadelphia now 
stands, which Land, at that time, was possest by Swedes under 
the Government of "York, and not then bought of them by Wil- 
liam Penn Esq; 

The same, to the \ith Interrogatory, fol. 81. 

That when Lord Baltimore left Chester Creek aforesaid, on 
his Return, he called at the House of James BroAvn, at Marcus 
Hook, a small Town, now called Chichester, about 4 Miles 
below Chester Creek, where the Deponent then lived ; and de- 
sired this Deponent to tell the said Brown (who was then from 
home) that he lived upon the said Lord Baltimore's Land., 
and that if he paid anymore Quit- Rents to Mr. Penn he would 
be to pay them over again ; for it was his Land, and he would 
have his Right. And the Deponent was informed, that he went 
to every House, on the Waterside, and in like manner forewarned 
the Inhabitants not to pay any more Quit-Rents to Mr. Penn. 

The same, to the last Interrogatory, fol. 83.] 

Has heard and believes that Lord Baltimore, about the same 
time, caused a Fort to-be built, upon or near to Christine Creek, 
but this Deponent has never seen the same, nor can give any 
particular Account thereof. 

If this single Hearsay Witness (to every thing but James 
Brown) amounts to any Proof, why then the Defendant 
was, very early, going by the Degrees, and by the Degrees 
as then known 50 Years after his Charter; and to th 



BOUNDARY QUESTION. 719 

Extent of that modern discovered Degree ; and confessedly 
(by the present Answer) a great deal above every Part of 
the Peninsula and truely here was an early, and a very 
high Claim; but, most unfortunately for him, three Year s 
after this, viz. in 1685, upon his own Petition, the King 
in Council adjudged, that the three lower Counties were 
not included in his Charter, and were not granted to him, 
and consequently, this, that he verbally claimed of James 
Brown, was not his Land, nor his Right. 

Richard Buffington, the Defendant 's Witness only, aged 85, 
{Lib. H. fol. 88. Int. 10. fol. 88.] 
Has lived above 63 Years on the West Side of Delaware, in 
the Place now called Chester County. Near 60 Years ago he 
heard, from creditable Persons, that the then Lord Baltimore, 
was at a Place called Marcus Hook, about 4 Miles below, and 
to the Southward of the Place now called Chester Town. He 
believes the said Lord Baltimore came from Maryland, and as 
this Deponent was informed, from the said creditable Persons, 
forwarned the Inhabitants from paying Quit-Rents to William 
Perm Esq; and saith [said] that the Land they lived on was, 
or would be, his. 

In this old hearsay Story, there is at least some Mistake in 
Time ; for if Governour Markham, the Governour of Pen- 
silvania, was along with Lord Baltimore, he was Kinsman 
to, and Governour under Mr. Penn, and then Pensilvania 
was not under the Government of New York. Nay, if 
there is any Truth in this Story, it must have been after 
Mr. Penn had the Lower Counties also; for that (as he 
says, he heard) my Lord forbid some Tenants on the 
Water-side paying any more Quit-Rents to Mr. Penn. 

23. 

Mordecai Howell, aged 78, [Lib. H. fol. 54. Int. 5. fol. 54.] 

Is the Defendant's own Witness only, and says, that, about 
1682, he came up the Bay of Delaware, in Company with the 
Ship in which the Plaintiffs Father was. That he landed, some 
time before Mr. Penn, at Newcastle Town, and was there when 
he landed at the said Town ; but knows not how long he stayed 
there. That some time afterwards, Mr. Penn went to one San- 
derlin's, at a Place then called Upland, but now Chester, which 
is reputed to be about twenty Miles above the Town of New- 
castle. That he can't tell how long he stayed there, nor knows 
for what end or purpose he went there, but has heard it talkt, 
among the People, that it was with Intent to have built a City 
there, but that he and Sanderlin could not agree. 



720 PENNSYLVANIA AND MARYLAND 

It is undoubtedly true, that Mr. Penn, when he landed, 
found so many ancient Settlers, under Swedish and Dutch 
Titles, and so many more, under more modern Grants 
from the Duke of York, that he was at a loss to find a 
Space, in any proper Scituatiun, fit for so large a City as 
he th«n intended, and afterwards founded, free from some 
private Rights and Possessions; and at length having 
pitched upon a proper Scite for it, between two navigable 
Rivers, he was forced to buy it from the private Proprie- 
tors, in order to form his regular City Philadelphia, which 
is an oblong Square, of two Miles, by one Mile. 

*Zeb. Hollingsworth, of Maryland, aged 43, {Lib. G. fol. 64. Int. 
10. add. fol. 70.] 
Has several times heard both his Father and Mother declare 
that the Plaintiffs Father had an Observation taken, in order to 
fix a Place to build Philadelphia on, by an Artist or Mathe- 
matician, at the House of Robert Wade ; at the Mouth of Chester 
Creek, on Delaware. That the said Artist then told Mr. Penn 
that he was, there, within the Baltimore Grant. That some 
warm Words past between Mr. Penn and the Artist, which the 
Deponent has heard was, because Mr. Penn believed the said 
Artist was mistaken in his Observation. That this Deponent's 
Father sometimes followed the Business of a Blacksmith, some- 
times building Houses, and at other times surveying Lands in 
both Provinces of Maryland and Pensilvania. 

This Witness has before sworn he has a Dispute under a 
Maryland Right, with a Pen si 1 van i an under a Pensilvania 
Right. And besides, this is but a Hearsay from his Father 
and Mother, neither of which does he pretend is dead, and 
we have never cross-examined this Man. 

Andrew Barry, of Maryland, aged 40, [Lib. G. fol. 72. Int. 10. 
addit. fol. 73.] 
That he was desired, as a Magistrate of Cecil County in Mary- 
land, to take the Affirmation of one Lydia Hollingsworth, now 
deceased. He accordingly did administer an Affirmation, where- 
on she declaimed to this Deponent, that, between 50 and 60 Years 
before that Time, she was at the House of one Robert Wade, 
at the Mouth of Chester River, on Delaware River; That she 
was there when the Plaintiffs Father was there with an Artist, 
taking an Observation. That the said Artist then told the said 
Penn, that he was within the Lord Baltimore's Grant. And the 
said Lydia further declared, that the said House, where the 
said Wade then dwelt, was reputed to be in Maryland. And 
that, upon the said Artist telling the said Penn as aforesaid, 
they then went, as she supposed, further up the River Delaware, 



BOUNDARY QUESTION. 721 

and fixt the Town at the Place where the City of Philadelphia 
is now built. The said Penn, as she supposed, if the Artist had 
not informed him as aforesaid, intended to have built a Town 
on, or near to, the said Chester River. 

Surely this Man did not administer an Affirmation, and 
take the Woman's Declaration viva voce. He omits speci- 
fying how she declared, but it must be presumed to be in 
Writing; and if so, the thing itself ought to appear, and 
not his Account of it only. I suppose there is something 
in the Affirmation itself, that would hurt them, so it is 
concealed. 
And it's certain the Artist, as he is called, must have been 
mistaken, to say that Chester Creek was within Maryland, 
for Chester Creek is above the Northernmost Part of the 
Lower Counties, consequently, as Part of these Lower 
Counties is up in the Main Continent, what is above them 
must be further up in the Main Continent, and could be 
no Part of a Peninsula. 
But his Mistake was, that he was measuring the Degree in 
1682 (not as known in 1G32) and was going to the Extent 
of that Degree too. 

24. 

*Anne Holy, of Mainland, the Defendant's own Witness, aged 
60, [Lib. G. fol. 103. Int. 8. addit. fol. 106. ] 
When she was a Girl, Lord Baltimore lodged at her Father's 
House. And she heard that, about that time, an East and West 
Line was run, by the said Lord Baltimore and others, from the 
Mouth of Octorara, to Naaman's Creek; and that there was a 
Line of markt Trees lately to be seen, as she has heard. And 
further declares, that the Pensilvanians have encroacht upon 
her Husband, and taken Lands from him, that were patented 
to her Husband under Maryland Rights, and that the last Line, 
run by Order of the King in Council between the two Provinces, 
run through her Husband's Plantation. 

This Woman swears herself interested, andtho' the Defend- 
ant began to examine her, to prove this old Line run in 
1683, yet, upon second Thoughts, he dropt making any 
further Proof thereof, on his Part, save what fell occa- 
sionally from his Witnesses. 
But he made us ample Amends, for he was resolved he would 
prove the little Loghouse, which he says was built in 1683. 



46— Vol. XV. 



722 PENNSYLVANIA AND MARYLAND 

25. 

And to that purpose has examined the 14 following of his 
own Witnesses, and cross-examined two of ours, viz. 

Hugh Terry, of Maryland, Defendant' 's own Witness only, born 
in 1699, [Lib. G. fol. '69. Int. 5. addit. fol. 40.] 
Has heard his Father Thomas Terry say that there was a Fort 
at Christiana, that was a Charge to the People of Maryland ; 
that it was built by one Talbot, and that one Murray was Cap- 
tain Of the Fort, and that Provisions were prest, to support 
the People in the Fort, from every Man's House, in the Neigh- 
bourhood of the Place where Bohemia Ferry in Cecil County is 
now kept, except his said Father's. 

Note Well. — Allowing this Account to be very true, the 
Fort carried no Subjection beyond its own mere Contents of 
fourteen Feet by ten Feet, for they went down into Maryland, 
to press Provision for it, into Cecil County, and did not pre- 
tend to raise or press Provisions for the Fort from the Pen- 
silvania Tenants in Newcastle County ; although several such 
were then settled between the Fort and Maryland. 

*Zeb. Hollings worth, of Maryland, Defendant's oion Witness 
only, born in 1697, [Lib. G. fol. 64. Last Interrog. fol. 72. ] 
Adds, that he has heard there was a Fort kept at Christiana 
Bridge, in Colonel Talbot's Time, that one Kearsey supplied 
the said Fort with Provisions, upon Colonel Talbot's Account, 
but when Talbot left the Province for killing of one Rouseby 
there being nobody to pay Kearsey for finding Provisions, the 
said Fort broke up. But this is an interested Witness, as he 
himself swears. 

*Anne Holy, of Maryland, Defendant' s own Witness only, bom 
in 1680, [Lib. G. fol. 103. Int. 5. addit. fol. 104.] 
Has heard there was a Fort kept at Christiana Creek, near 
where Christiana Bridge now is; but on what Side, by whom 
built,or at whose Expence, knows not ; but believes it was main- 
tained by the Government of Maryland, because the People, in 
the Fort, used to have Provisions from her Father's House in 
Maryland. That the said Fort was kept up some time, but how 
long can't tell; but it was, until The Killing of one Rouseby by 
Colonel Talbot. That the said Fort lay near West from New- 
cast 1 e Town, and distant about five Miles thence, as she believes. 

Aaron Latham, of Maryland, the Defendant' s own Witness only, 

born in 1680, [Lib. G. fol. 76. Int. 5. addit, fol. 76.] 

Knew a Fort that was built near the Place where Christiana 

Bridge is, and that it was called Talbot's Fort and it stood on 

the West side of Christiana Creek and heard it was built by one 



BOUNDARY QUESTION. 723 

Colonel Talbot, and was told by the Men in the said Fort, that 
they were maintained at the Expence of the said Colonel Talbot. 
That it was about 50 Years ago [1690] that he saw the said Fort, 
and that he remembers it was kept up about two or three Years. 
That Newcastle Town lay E. S. E. from the said Fort. That 
the said Fort was about 5 Miles distant from Newcastle Town. 

Thomas Price, of Maryland, the Defendant' s own Witness only, 
born in 1676, [Lib. G. fol. 86. Int. 5. addit. fol. 89.] 
That, about 50 Years ago [1690] he saw a little Log- Fort, at 
the foot of Christiana Bridge and some Men in it. That the 
said Fort was kept by Colonel Talbot, as heObelieves, to keep 
the People of Newcastle off. That the said Fort was on the 
Westward side of Christiana Bridge, and kept up five or six 
Years, and lay, as he believes, about W. N. West from New- 
castle Town, and distant from Newcastle about six or seven 
Miles. 

Robert Money, of Maryland, the Defendant' s own Witness only, 
bom in 1675, [Lib. G. fol. 36. Int. 5. addit. fol. 37.] 

When he was a Boy, he has heard several People speak of a 
Fort at Christiana that was maintained at the Expence of Lord 
Baltimore, but for what time can't exactly charge his Memory, 
but believes it to be abuut four Years. And that it was kept 
up about 57 Years ago [1683 — So this Witness corrects the Time 
of the others, who were mistaken] Says his Information was 
from several Persons who he understood to be Soldiers in said 
Fort, the Name after which was Murrey. 

Simon Johnson, of Maryland, the Defendant' 's own Witness only, 
bominlQU, [Lib. G. fol. 115. Int. 5. addit. fol. 115.] 
Heard there was a Fort on the West side of Christiana Creek, 
in Colonel Talbot's Time. And that Colonel Talbot used to 
buy Corn and Beef in Maryland, and sent it to the said Fort, 
this Deponent having seen some of the Provisions brought. 
He has heard the said Fort was built by Colonel Talbot. That, 
after Colonel Talbot left the Province, the Fort broke up, for 
want of some Person to supply the Men there with Provisions. 
That the Place w'here he has been informed the said Fort stood, 
lay Westward from Newcastle, distant about five Miles. 

William Price, of Maryland, the Defendant' s own Witness only, 
bom in 1674, [Lib. G. fol. 59. Int. 5. addit. fol. 59.] 
Has been at a Place near Christiana Bridge, where, he was 
informed that a Fort stood. That his Father informed him he 
helpt to build it. That it stood on the Northwest Side of the 
said Creek. His Father informed him that Colonel Talbot 
went, with the People, to build said Fort. The Place where 



724 PENNSYLVANIA AND MARYLAND 

the said Fort stood was between 5 and 6 Miles distant, to the 
Northwestward of the Town of Newcastle, and that the said 
Fort was kept up, for some Years, as he was also informed by 
his Father, at the Expence of the Province of Maryland. 

Samuel Hotting sworth, our Witness, but cross-examined, born in 
1673, [Lib. H. fol. 29. Int. 4. fol. 32.] 
Has formerly heard that there was a small Fort, called the 
Maryland Fort, about five Miles Westerly from Newcastle, on 
the Northwest side of Christiana Creek, and near a Bridge over 
the said Creek, by Order of the Lord Baltimore, and that the 
said Fort was kept and maintained, some Years, at the Expence 
of Lord Baltimore, or the People of Maryland. 

John Ryland, of Maryland, the defendant's own Witness only, 
born in 1672. [Lib. G. fol. 46. Int. 5. addit. fol. 47.] 
He has heard, above 50 Years ago [that must be before 1690] 
a Fort was kept, upwards, commanded by one Captain Murray, 
and that Colonel Talbot was concerned in the said Fort. In 
what place it stood, knows not. Has been informed they prest 
Provisions for the said Fort in the Neighborhood of Bohemia 
Ferry; How long it was maintained, or at whose Expence, can- 
not tell. 

Walter Scott of Maryland the Defendant's own Witness only, 
bom in 1671, [Lib. G. fol. 52. Int. 5. addit. fol. 52.] 
That above 150 Years ago [before 1690] he lived with one 
Casparus Herman. That being sent on an Errand, to Bread 
and Cheese Island on Christiana Creek, going over Christiana 
Bridge, he saw a small strong Loghouse, which was called the 
Fort. That there was several Port-holes in the said House. 
That it stood a little way off the said Bridge. That one Murray 
was said to command it. And this Deponent saw some Soldiers 
that belonged to the said Fort. That he knew one Thomas 
Mansfield, a Press-Master for Cecil County, to press Provisions 
in Cecil County aforesaid, for the Men in the said Fort. That 
the said Fort was kept up until Colonel Talbot absconded 
from his usual Abode for killing one Rousby. But what Length 
of Time it was kept up, can't remember. That the said Fort 
stood about 6 Miles W. N. West distant from Newcastle Town. 

Otho Othoson, of Maryland, the Defendant's own Witness only, 
born in 1668, [Lib. G. fol. 28. Int. 5. addit. fol. 29.] 
Has known a Fort, between the Head of Christiana Creek 
and White-Clay Creek, in the County of Newcastle. And was 
once at the said Fort, And it stood on the North side of 
Christiana aforesaid. Who built it, he knows not, or at whose 
Expence, or how long it was maintained, but it was called Col- 



BOUNDARY QUESTION. 725 

onel Talbot's Fort. And that the said Fort was between 4 and 
5 Miles distant Northward, or Northwest, from Newcastle 
Town, as he believes. 

Eliz. Mercer, of Maryland, the Defendant's own Witness only, 
born in 1667, [Lib. G. fol. 100. Int. 5. addit. fol. 100.] 
She knew a little Loghouse, near Christiana Creek, which 
was called the Maryland Fort— Believes it was on West-side 
of Christiana Creek, ; That it was built by Colonel Talbot's 
Men, above 50 Years ago. It was kept up, some Years, by the 
said Colonel Talbot, but can't say how long. Does not know 
how the Fort lay from Newcastle. That her Father's House 
was computed to be twelve Miles distant from Newcastle. That 
the Fort lay two Miles nearer Newcastle than her Father's 
House. That when the People went over the Bridge from her 
Father's House, they reckoned themselves in Newcastle County ; 
That the other Side, over the Bridge, next her Father's House, 
they reckoned in Pensilvauia; That, about the Year 1679. she 
came into the Country, and Courts were then held at Newcastle 
Town, in the King's Name. 

John Musgrave, our Witness, but cross-examined, born in 1667, 
[Lib. H. fol. 34. Int. A. fol. 36.] 
That he knew a small Log- Fort, that was built, after the run- 
ning Colonel Talbot's Line, about four or five Miles to the 
North-Westerly of Newcastle, and on the North- West side of 
Christiana Creek, by the Direction of Lord Baltimore, or Col- 
onel Talbot, as the Affirmant has heard, and was maintained, 
for some short time, by People from Maryland. 

Mordecai Howell, the Defendant's own Witness only, born in 
1662, [Lib. H. fol. 54. Int 6. fol. 56. ] 

Says that some time in the Year 1683 he was going after a 
Runaway Servant, and was then shewed a Fort, made with 
Sapling Poles, as he believes, about 14 Feet square, and told, 
that it was built and maintained by Order of Lord Baltimore. 
That he saw some men, and some Fire- Arms, in the same, but 
knows not the Number. 

James Morgan, of Maryland, the Defendant's own Witness only, 
born in 1660, [Lib. G. fol. 91. Int. 5. addit. fol. 92.] 

Has heard there was a Fort kept at Christiana, commanded 
by one Philip Murray, and that he inquired of some Irishmen 
who kept the said Fort, what they kept the said Fort for? He 
was told by them, it was to keep Possession for my Lord. 
That he has been told that 7,000 Pound of Tobacco was levied in 
Cecil County, for maintaining the People of the same Fort, but 
how long it was maintained, knows not, but that it was dropt 
on Colonel Talbot's killing one Rousby. 



726 PENNSYLVANIA AND MARYLAND 

How some Persons, for Opposition sake, persue Matters to 
their own hurt! And what do all these last Sixteen Wit- 
nesses amount to, at the very utmost? 

Why, there was a Fort, that was built by Colonel Talbot, 
or Lord Baltimore, or somebody. 

It was mantained, for some short time, either by Colonel 
Talbot himself, or by Lord Baltimore, or by the People of 
Maryland ; and then it was dropt, when Colonel Talbot 
killed Rousby. For there was nobody then to pay the 
Expence of it. 

And it was situated just by Christiana Bridge, which, by 
the way, is just where the Swedish and Dutch Fort was. 

And now, what Pity it is, that we, by our great Knowledge, 
should have imposed on my Lord, in the present Agree- 
ment, and that he has not, by this present Agreement, 
quite up to this Fort of his? Or rather, what Pity is it, 
that he was not precisely limited to this Fort? 

In which last Case, we should have saved a Tract of Land, 
4 Miles broad, by five whole Degrees in Length, which we 
have now granted to him, North of, and above that iden- 
tical Spot of his own former Claims or Encroachments. 

Which very Tract contains our antient Town of Notting- 
ham, the richest and most fertile Spot in our whole Prov- 
ince, but which we have now given up, to buy our Peace 
(as we vainly imagined) after having suffered much more 
from these ruinous expensive Contests, than Strangers 
can easily believe or be made sensible of. 

Yet he insists, very calmly, that in this Grant there is no 

. Consideration moving from us, we take all the Benefit, 
and he takes all the Loss, that is, if he is to be believed. 



26. 

The next thing my Lord Baltimore attempted to prove was, 
that he had exercised the Government, and he had re- 
ceived the Quit-Rents, in the lower Counties. To which 
Purpose he examined the three following Witnesses of his 
own, viz. 

Colonel John Ward, of Maryland, the Defendant' s own Witness 
only, aged 67, [Lib. G. fol. 31. Int. 5. fol, 32.] 
Has never heard that Lord Baltimore, or any of his Ances- 
tors, exercised any Power or Authority of Government in the 
3 lower Counties; and has heard that the Plaintiffs and their 
Ancestors, have exercised the Powers of Government in the said 
Counties. Knows not nor has heard, that the Inhabitants of 



BOUNDARY QUESTION. 727 

the said 3 lower Counties have ever paid any Quit-Rent to the 
Lord Baltimore, or his Ancestors ; and has heard several of the 
Inhabitants of the said three lower Counties say that they had 
never paid any Quit-Rent to the Plaintiffs or their Ancestors. 
He has never heard of any other or more Forts, that was erected 
and kept in the 3 lower Counties, or on the Borders thereof, 
but one, which he has heard was kept on the North-side of 
Christiana Creek, or thereabouts, which he believes is in the 
County of Newcastle, by the Ancestors of the Lord Baltimore, 
about Colonel Talbot's Time, and that one Drake prest Men 
to assist those that were in the said Fort, upon a Rumor the 
Fort would be attackt by the Pensilvanians. And has heard 
Edward Larrimore, Christopher Mouns, John Wheeler, and sev- 
eral others of the then antient Settlers, declare they had seen 
the said Fort. 

Charles Hilliar d, Esq. , the Defendant' s own Witness only, aged 
63, {Lib. G. fol. 158. Int. 5. fol. 163.] 
Neither knows, nor has heard, of any Acts of Government 
done, or exercised, by Lord Baltimore, Or his Ancestors, in the 
three Lower Counties, but that all Acts of Government, for 
many Years last past, have been exercised by the Proprietors 
of Pensilvania in the said three Lower Counties. Never knew 
of any Quit-Rents paid to, or demanded by, Lord Baltimore, 
or his Ancestors in the said three Lower Counties, but heliim- 
self, and divers others, have paid Quit-Rents to the Proprietors 
of Pensilvania for Land in the three Lower Counties aforesaid. 
He knew a Fort, in Newcastle Town, held under the Govern- 
ment of the Plaintiffs Ancestors, but knows not of any other 
Fort in, or bordering on, the said three Lower Counties. That 
the said Fort at Newcastle Town aforesaid, was maintained and 
kept up at the Expence of the Inhabitants and the Proprie- 
tors of Pensilvania, as he has heard from several of the Mem- 
bers of the Assembly of the said three Lower Counties at New- 
castle, but how long the said Fort was maintained, he knows 
not. 

John Holliday, the Defendant 1 s own Witness only, aged 39, [Lib. 
G. fol 170. Int. 5. fol. 173.] 
Has never known, or heard of, any Acts or Powers of Gov- 
ernment exercised in the three Lower Countys, but by and 
under the Person who was Governor of the said three Counties, 
and at the same time Governor of Pensilvania. Knows not of 
any Quit- Rents being paid to the Proprietor of Maryland, but 
has frequently heard that several of his Neighbors have paid 
Quit-Rents to the Proprietors of Pensilvania, for Lands held 
in the upper Part of Kent County aforesaid. Has neard that 



728 PENNSYLVANIA AND MARYLAND 

the Lord Baltimore had a Fort at Christiana, in Newcastle 
County, and a small Number of Men, and that the said Fort 
was kept up, for some time, by Lord Baltimore. 

Note. — The three last are the Defendant's own Witnesses, 
whom we have not examined to any one single Word. And they 
did not please him : So he varyed the Interrogatory, by an ad- 
ditional one, dropping the Government and the Quit-Rents 
and confining it to the Fort only, an account whereof you have 
had before. 

You'll please to observe that the Defendant has sworn that 
his Ancestors all along exercised all Acts of Proprietor- 
ship and Government in the three Lower Countys. 
Whereas he is, thus flatly, contradicted by his own fore- 
going Witnesses which he examined in Chief on that Head, 
by many more of his own Witnesses who speak of that 
Matter Occasionally, by the whole String of our Evidence 
also, (and by his Witness Mr. Sharpe, the Clerk of the 
Council, and by all the Records of the Council Office, from 
the Year 1702, to this Time. ) 
But this is a Trifle (with him.) 

27. 

He had also sworn four other Facts, in his Answer, 1. That the 
Province of Pensilvania is contiguous to New Jersey. 2. That 
it is not contiguous to the Lower Countys. 3. That Pensilva- 
nia is on our side, and the Lower Counties on the other side, 
of the Bay of Delaware. 4. That Pensilvania lay on the West 
side, and the three Lower Countys on the East side of the said 
Bay and River of Delaware; and he has examined divers Wit- 
nesses to prove these Facts; but they being most notoriously 
false and untrue, not only the following Witnesses, examined 
by himself in chief thereto, but all the Witnesses that are ex- 
amined in the Cause, falsify his Answer, in the most direct 
manner that is possible. 

Charles Hilliard, the Defendant's own Witness only, aged 63 
[Lib. G. fol. 158. Int. 2. fol. 159.] 

Says that the three Lower Counties are bounded to the North 
by the Province of Pensilvania, on the East on Delaware and 
the Ocean, and Southward and Westward by the Province of 
Maryland. That the Jerseys lie on the East side of Delaware, 
and the Province of Pensilvania, and the three Lower Counties 
on the West side of Delaware. 

John Holliday, the Defendant' 1 s own Witness only, aged 39, [Lib. 
G. fol. 170. Int. 2. fol. 170. "J 

Is acquainted with the Countys of Newcastle and Kent, which 



BOUNDARY QUESTION. 729 

are bounded on the North by Pensilvania, on the East by 
Delaware, West by Maryland, South by Sussex County, with 
which he is but little acquainted, having been there but once. 
That the Jerseys lye on the East side of the Bay and River 
Delaware. And the Province of Pensilvania, and the Counties 
aforesaid are divided from New Jersey, by Delaware. 

Thomas Hynson Wright, of Maryland, the Defendant' s own 
Witness only, aged 52, [Lib. G. fol. 251. Int. 2. fol. 251.] 

Has known the three lower Counties upwards of twenty Years, 
has resided near to them, and been frequently in them. And 
has understood, by the Inhabitants of those Countys, that 
they were bounded on the South by Indian River, and on the 
East partly by the Ocean and Delaware Bay, and on the North 
some small Distance to the Northward of Newcastle, and on 
the West, as far as the running Water of the Branches that 
drain into Delaware. That New Jersey is not contiguous to 
Maryland and Pensilvania, or either of the three Lower Coun- 
ties, but is divided from the same by the Bay and River of Dela- 
ware. Knows the Bay and River of Delaware, and understands 
from the Inhabitants of the said three Lower Counties, that 
they are bounded, on the East, by the Ocean, from Indian River 
to the Mouth of Delaware Bay; and from thence, to the North- 
ward of Newcastle, by Delaware Bay or River, still on the East. 
That he always understood that the Provinc3 of Maryland lies 
on the West side of the Ocean and the said Bay or River Dela- 
ware; and that the Province of Pensilvania lies to the North- 
ward of Maryland, and on the West side of the said River Dela- 
ware; and the said Province of East and West Jerseys lie on 
the East side of the said Bay or River of Delaware. 

Note — This Witness fortifies our Cape, and corroborates our 
Evidence about the South Bounds of Sussex, for he has known it 
but from the Year 1720, or thereabouts, and where does he place 
our South Bounds? why at Indian River, greatly below my 
Lord's new Cape Hinlopen, almost as low as our true old Cape 
Hinlopen; and our Witnesses agree, tho' our Bounds were to 
the old Cape Hinlopen, which is Fenicks Island, on the Branch 
of Assawaman, yet, about 1696, upon one Peter Waples running 
away from Maryland to Indian River for Debt, the Sheriff of 
Maryland, then pursued him thither, and that, since that Time, 
(which was long before this Witness's Knowledge) my Lord by 
force, made the few People submit, up as high as to Indian River. 
This Observation, kept in mind, will be of great Use, in 
many other Places. 



730 PENNSYLVANIA AND MARYLAND 

38. 

As the Defendant has so strongly sworn to all Acts of Own- 
ership and Proprietorship, (as well as of Government) having 
been exercised by himself and his Ancestors, within the three 
Lower Counties, so he struggled hard to prove a very few In- 
stances of Settlements of Lands under Maryland Rights, every 
one of which turns out against him. 

For Method sake we will begin first with the County of New- 
castle. 

And first of these, as to a particular Tract sayecl to have been 
surveyed for one Henry Ward. 

* Benjamin Pierce, of Maryland, the Defendant' s Witness only, 
aged 28, [Lib. G. fol. 94. Int. 21. fol. 95.] 
Has dwelt above 20 Years in Cecil County, Says that he, who 
married with the Daughter and Heir at Law to one Henry 
Ward, amongst his Papers, found a Deposition, dated in March 
1724, made by the said Henry Ward, the purport of which De- 
position was, that one Evan James had taken a Lease, of the 
said Ward, of certain Lands bordering upon Newcastle County, 
claimed by the said Ward under Maryland Rights; that, on 
complaint of some Welsh People, to a Magistrate of Newcastle 
County, the said James was taken up, on a Warrant issued by 
said Magistrate, and was obliged, before the said Magistrate, 
to deny that he had taken any Lease from the said Ward, other- 
wise he had been sent to Newcastle Prison; and the said Evan 
James afterwards, claimed the said Land under a Right from 
the Proprietors of Pensilvania. And that, by another Deposi- 
tion, made by the said Ward, found also among the said Ward's 
Papers, it appears to this Deponent, that one Alex. Lewis, also, 
had taken a Lease of Land, from the said Ward, that a like 
Complaint was made by the Welsh People, and the said Lewis 
was obliged, in some manner, to deny his taking any such Lease, 
and, since, claimed the said Land under a right from the Pen- 
silvania Proprietors. And well knows that one Evan Jenkins, 
about 5 Years since, has, under a Pensilvania Right, entered 
and seated on some of the said Tract, now claimed by this De- 
ponent in Right of his said Wife. 

*Idem to the 11th add. Int. fol. 98. 

Knows of no other Lands layd out, or possest, under Mary- 
land Rights, in the Lower Counties, the Quit-Rents on those 
beforementioned, due to the Year 1712, being paid to the Re- 
ceiver of Lord Baltimore, as by Receipts under old Mr. Heath's 
Hand, a Receiver for the said Lord, appears. 

This Witness swears himself interested, speaks entirely out 



BOUNDARY QUESTION. 731 

of Depositions which are not produced, and would not 
be Evidence if they were, being Ward's own Depositions 
to prove his own Right, and from Receipts which are not 
produced. 

* Richard Thompson, of Maryland, the Defendant' s own Witness 
only, aged 55, [Lib. G. Fol. 109. Int. 21. Fol. 110.] 
Has dwelt 20 Years in Cecil County. Knows of no Incroach- 
ments made by the Marylanders on the Inhabitants of Pensil- 
vania, or their Land, bordering on, or in the Lower Counties. 
But says that, since 1723, and above Years ago, David Lewis, 
and several other Persons, have, under Colour of Pensilvania 
Rights, taken Possession of about 400 Acres, (Part of two Tracts 
containing 2500) granted above 60 Years ago, as he has reason 
to believe, having seen the Grant under Maryland Rights, to one 
Henry Ward." And that the said Lewis and others hold the 
said Lands, as in Newcastle County. That the Deponent, at 
the request of Henry Ward, Son of the said Henry, went to as- 
sist him, in making a Re-survey of the said Land, but was, by 
the Pensilvanians prevented. Says that the People of New- 
castle County, above 16 Years ago, attempted to take some of 
the Lands, whereon the Deponent now lives, from him, by 
running Lines thro' his Plantation, but he, by Threats, has 
held his Possession. Says there formerly was a main Road, 
through Part of the said Land of Henry Ward, cleared and 
kept up, by the People of Cecil County ; but that the Inhabi- 
tants of Newcastle County, now, prevent their keeping it up, 
and clear it themselves. 

This last Witness swears he has disputed Lands. And we 
are to have a geat deal more about this Henry Ward, but 
hitherto, one believes the Land had been granted to Ward, 
and another talks as if he had claimed it; but no pretence 
that Ward, or any in his Right, had ever settled upon it, 
or made any Improvement, and we have proved how 
Maryland Grants are made. 

Laurence Gailshiott, of Maryland, the Defendant's own Witness 
only, aged 60, [Lib. G. fol. 49. Int. 21. fol. 49.] 
Has dwelt 20 Years in the Borders of Cecil County. Knows 
that two Settlements have been made, within 10 or 12 Years 
past, by Pensilvanians, on Land for 40 Years supposed to be 
within the Limits of Maryland, one about a Mile to the South- 
ward, and another about a Mile to the Northward, of the Place 
where the Deponent lives. The last of which was formerly sur- 
veyed, and patented, tor Henry Ward.under a Maryland Right. 
That this Deponent and one Richard Thompson, above 20 Years 
ago, carryed the Chain in surveying the said Land for the said 



732 PENNSYLVANIA AND MARYLAND 

Henry Ward, [Why the last Witness, Thompson, says it was 
granted to Ward 60 Years ago, and he saw the Patent; what was 
it granted 40 Years before it was surveyed?] Knows of no en- 
croachments, by the Marylanders on the Pensilvanians. That 
one Thomas Noxon, a Surveyor under the Pensilvania Govern- 
ment, surveyed the said Land, to the Southward of where the 
Deponent lives, for one John Toland who settled the same ; and 
he or his Family now lives at the same, under the Government 
of Pensilvania. 

Three Witnesses have now spoke to Henry Ward's Land, 
and no one of them pretends that an Inch of it was ever 
settled under Maryland. 

Thomas Price, of Maryland, the Defendant's oion Witness only, 
aged Q4=, [Lib. G. fol. 86. Int. 21. fol. 86.] 
Has dwelt for above 20 Years in Cecil County. That one 
Edwards about 15 Years ago, and several other Welsh People, 
since, have, seated under the Pensilvania Proprietors, part of 
a Tract of Land, taken up under Maryland Rights, for one 
Ward, under the Lord Baltimore, and reputed to lie in Cecil 
County in Maryland, and then held by one Vander Skeyden, 
Mother and Guardian of Henry Ward, a Minor. That the De- 
ponent at her Request, forbid two of the said People to seat on 
the said Land, and, by the Son of one of them, who persisted 
in doing it, he was told, that his Father, who could not speak 
English, would carry the Deponent to the Goal of Newcastle 
County, if he gave him any Hindrance in seating the said Lands, 
Does not know whether the said Lands are in, or adjoining to, 
either of the 3 Lower Counties, but the People seating the said 
Land under the Pensilvania Proprietors are under the Govern- 
ment of the said 3 Lower Counties. 

Obed. Obedience, of Maryland, the Defendant's own Witness 
only, aged 70, [Lib. Q. fol. 55. Int. 21. fol. 56.] 
Has dwelt for 20 Years at Back Creek, in Cecil • County. 
Knows that one Edwards, and other Welsh People, since 1723, 
under pretence of a Right from the Pensilvania Proprietors, 
have entered and possest themselves of some Lands, which were 
thentofore surveyed for one Ward, Father of Henry Ward, under 
a Maryland Right. And the said Land was called Long Acre. 
And that one Mr. Vander Skeydon, Guardian of the said Henry 
Ward, informed this Deponent that he paid the Duties for the 
said Land, to the Proprietor of Maryland, during the Minority 
of the said Ward, and that the said Edward's Children, and 
others, now live on the said Land. That the said Persons, who 
settled the said Land as aforesaid, told this Deponent that one 
Evans, a Magistrate of Newcastle County, gave them a Warrant 



BOUNDARY QUESTION. 733 

for the said Land ; but never heard the said Land was surveyed 
under a Pensilvania Right; and believes there are near twenty 
Settlements on the said Land. Knows of no Incroachments 
made by any of the Marylanders on the Inhabitants or Lands of 
Pensilvania. 

Instances of this sort being extremely scarce, the Defendant 
has bestowed five Witnesses on this single Tract of Henry 
Ward's, no one of which pretends that Ward had ever 
settled a single Foot of this Land, nor does any one of 
them venture to say it was in Newcastle County.' Some 
say it was in Cecil County, some that it was reputed to 
be in Maryland, or within the Limits of Maryland, an- 
other that it was bordering upon Newcastle County. If it 
had been in Newcastle County, we had a Right to it, if 
it was not in Newcastle County, why then, no Survey of 
it, nor even Settlement if such had been actually made 
under Maryland, was any Assertion of the Maryland Claim. 
We come to two Instances relating to Edward Divier, at 
the Iron Hills and David Parry. 

William Price, of Maryland, the Defendant's own Witness only, 
aged 66, [Lib. G. fol. 59. Int. 11. add. fol. 62.] 
Has heard there were about 56 Years ago, [1684] taken up and 
surveyed, several Tracts of Land, near the Iron Hills, in New- 
castle County under Maryland Rights, one of which Tracts was 
for one Edward Divier, but does not remember to have heard 
that any of the Lands were ever settled under Maryland ; except 
by the said Edward Divier's planting some Peach Trees on the 
said Iron Hills. 

This is hear say, and still no Settlement made by Maryland. 

*Adam Short, the Defendant' s oion Witness only, aged 78, [Lib. 
If. Fol 60. Int 8. Fol, 61.] 
Says that, in or about the Year 1682, Daniel Tewis had 1000 
Acres of land, called the Iron Hills, taken up, for him, under 
the Defendant's Ancestors, And that, about the Year 1684 
or 1685, Philip Lines, one Gossager, and one Lawellins, had 
1000 Acres of Land, each, taken up, for them, under the De- 
fendant's Ancestors. All which Lands, about 39 Years ago [1701] 
were, by Warrant under William Penn. then granted to some 
Welch People, as Part of the Welch Tract, and have been ever 
since held, under the Plaintiffs Ancestors, and themselves, as 
Part of Newcastle County. Further says, that none of the said 
Lands were ever seated, by any Persons, under Right from Mary- 
land, before the Welch took Possession of them. Further says 
that, about a "Year after the said Welch Tract was surveyed, onp 
David Perry took up a Tract of Land, under the Government 



734 PENNSYLVANIA AND MARYLAND 

of Maryland, which the said Perry seated, improved, and held 
till about 20 Years ago, at which Time the Deponent purchased 
and seated it, for some small Time, and, till some Welch People 
by force, dispossest him of it, who have held it ever since. 
Further says, that the Surveyor, who laid out the Welch Tract, 
declared, at the taking up the said Land, that it was not, with- 
in the Welch Tract. 

The Witness chuses not to tell us, where these Lands lay, 
but wherever they lay, he owns they were never seated by 
any one Mary lander. And he swears himself interested 
in the Question. 

* Richard Thompson, of Maryland, the Defendant's own Wit- 
ness only, aged 55, [Lib. G. fol. 109. Int. 11. add. fol. 113.] , 
Has heard that a Tract of Land, in the County of Newcastle, 
was formerly taken up, and actually possest, by one David 
Parry, under a Maryland Right; and another Tract of Land, 
in the same County, taken up, and reputed to belong to one 
Lewellin, under a Maryland Right, are now claimed, and pos- 
sest, by People under pretence of Rights from the Pensilvania 
Proprietors. [Has not he shewn a just Reason for it, that both 
those Tracts were in Newcastle County?] And further says, that 
the said Persons with Pensilvania Rights entred into the said 
Parry's Land, within a Year after his Death, and before the 
Persons, who had a Claim to ifc under Maryland Rights, at- 
tempted it. Says he heard the aforesaid Henry Ward frequently 
say, that he paid the Quit-Rents for the Lands mentioned in 
his former Answer to 21 Int. to the Lord Proprietor of Mary- 
land. 

This Man appeared before to be interested, but if not, yet, 
now we hear, that Parry's Land lay in Newcastle County. 
But hitherto, there is not an Inch of Land, pretended to 
have been settled under Maryland. And it is owned, that 
tho' there was a Maryland pocket Survey by Maryland, 
yet no Possession under it, but that the Pensilvanians 
possessed the Lands. 
We come now to the pretended Instance of Settlements 
made by the Marylanders in two Manors called Talbot 
Manor, and New Munster Manor, still as to Newcastle 
County, which come out to be nothing at all to the Pur- 
pose. 

William Rumsey, of Maryland, the Defendant's Witness, [Lib. 
Q. Fol. 129. Int. 2. additional Fol. 139.] 
Is well acquainted with both the Tracts of Land called Tal- 
bot Manor and New Munster, mentioned in some Exhibits 
marked No 4. Letters Y and Z, (except the Northern Part of 



BOUNDARY QUESTION. 735 

Talbot Manor) That both of the said Tracts lie in Cecil County 
in Maryland, but the North Part of Talbot Manor, and the 
North East Part of New Munster, is now possessed by Persons 
under the Government of Pensilvania. He believes there are 
upwards of 50 Plantations made and settled, on Talbot Manor, 
by Persons under the Government of Pensilvania, and as many 
Plantations made and settled by Persons under Maryland. And 
that there are two or three Settlements made, partly, on the said 
Tract of Land called New Munster by Persons under the Gov- 
ernment of Pensilvania, and about 6 or 8 Settlements made by 
Persons under Maryland rights. That he believes there is about 
8000 Acres of Talbot Manor, and 1500 Acres of New Munster, 
that lie to the North of the East and West Line run as afore- 
said. 

We suppose that the Exhibits, which this Witness refers to, 
are Copies of the Maryland Grants of those Manors, and what 
does he prove? that my Lord's People have settled in the lower 
Counties? Nothing in the World like it, my Lord has granted 
out two Manors in Cecil County, and his Tenants possess them ; 
Let them do so, That is not in the three lower Counties; If it 
proves any thing, it is rather that we have made Settlements 
upon him, than he upon Us. But even that is not the Case; 
for the next Witnesses unfold the Mystery, and tell us how 
notably these two Manors are settled, by either of us ; and with 
all tell us the Reason why both Sides have settled upon the 
Lands described to make those Manors; Part of them lay in 
Cecil County, those my Lord's Teiiants enjoy; Part of them lay 
in Newcastle County and those the Pensilvania Tenants enjoyt 
And even this Witness himself supposes it, for he tells us that 
a great Part of these Manors lie North of the Temporary Line 
run by Order of the King in Council lately. 

James Alexander, of Maryland, the Defendant's own Witness- 
only, aged 51, [Lib. O. Fol. 80. Int. 11. additional Fol. 81.] 
Knows that three hundred Acres, being Part of the Manor 
of New Munster, extends into the County of Newcastle, which 
said Manor was surveyed under a Maryland Right, in or about 
the Year 1684. [This is a good (Maryland) Witness, he swears 
postively to a Survey being made five Years before he was born] 
That the aforesaid 300 Acres were first settled, by one David 
Meredith, about twenty Years ago, under the Proprietor of 
Pensilvania. 

Of this Witness's own shewing, we had a clear Right to do 
so, and no Pretence that any Settlement was made by 
Maryland. 



736 PENNSYLVANIA AND MARYLAND 

*Zebulon Hollingsworth, of Maryland, the Defendant's own Wit- 
ness only, [Lib. Q. Fol. 64. Int. 2. additional Fol. 66.] 
Is not acquainted with the Noi-th Bounds of Talbot Manor, 
but knows the Rivers, mentioned in the Exhibit, No 4. Letters 
Y. and Z, and has heard and believes, that many of the People, 
settled in Nottingham Township, under Pensilvania Rights, 
are settled within the Bounds or Limits of Talbot Manor. 
And the Reason of his Belief is, because, some of the People so 
settled have themselves told this Deponent that they lived in 
Talbot Manor aforesaid. And says the North Part of what is 
reputed Talbot Manor is now in the Possession of the Inhabi- 
tants of Chester County, under the Government of Pensilva- 
nia, and the South Part of the said Manor, lying towards Sus- 
quehannah, and North East Rivers, is now in the Possession of 
Inhabitants of Maryland. Says he is acquainted with several 
of the Bounds of New Munster Manor, the greatest Part whereof 
is now in the Possession of the Inhabitants of Maryland. That 
one Philip David, Inhabitant of Pensilvania, claims a Part of 
said New Mumster Manor, under Pensilvania Rights, That he 
himself has a Right to 300 Acres, under a Maryland Right, but 
that the same is with -held from him, by the said David. [So 
I suppose he swears to support his own Right.] That he paid 
Quit-Rents, for the said 300 Acres, while it was payable in To- 
bacco. [When was that?] to one Edward Mitchell, who was 
Receiver of the Quit Rents due for Lands thereabouts to the 
Proprietor of Maryland, altho' the Deponent never was in Pos- 
session of the said Land — That the Part claimed as aforesaid, 
is reputed to lie in Newcastle County. That the other Part of 
the said Manor is reputed to lie in Cecil County. That he 
knows that the said Manors have both been settled 25 Years, 
[i. e. 1715.] and he believes longer. That he believes the great- 
est Part of what is reputed Talbot Manor lies to the Southward 
of the West and East Line run pursuant to the Order of his Ma- 
jesty in Council. That he believes the greatest Part, if not all, 
of New Munster Manor lies to the Southward of the West and 
East Line aforesaid. 

The Defendant must be very adroit indeed to make this 

an Instance of his settling Lands within the three lower 

Counties. 
We have but one more Instance, on my Lord's Part, tho' 

several Depositions, relating to any Settlement ever made 

by him in Newcastle County, viz. by one Ryley. 

Otho Othoson, of Maryland, the Defendant' s Witness only, aged 
72, [Lib. G. Fol. 28. Int. 11. additional Fol. 30.] 
Has heard of several Tracts of Land, in the County of New- 



BOUNDARY QUESTION. 737 

castle, which have been taken up and surveyed under Maryland 
Rights : and he has been upon one Tract of the said Land, 
called The Lady's Delight, and another Tract of Land called 
Timber Reach; and also of another Tract taken up under a 
Maryland Rip:ht, by one Ryley, who this Deponent knows set- 
tled his Son upon it under the Government of Maryland, near 
60 Years ago, [1680] who lived thereon two or three Years. 
And what did Ryley do then? Here this Witness drops us, 
but the following Witnesses inform us. 

* Nicholas Ryley, of Maryland, the Defendant's Witness only, 
aged 58, [Lib. O. Fol. 41. Int. 11. additional Fol. 42.] 
Has heard his Father John Ryley say, that he the said John 
purchased, from one Richard Leak 500 Acres, that lay upon 
Apoquinomy Branches, in Newcastle County. And that he the 
said John settled his Son William Ryley upon it, under Mary- 
land Rights. That the said William went away, from the 
Country, and left it, about 40 Years ago. That the Deponent, 
now claims the Land, by the Deaths of his Father and two 
Brothers. And that his Mother, and he this Deponent, paid 
Colonel Hynson, above 26 Years ago, when he was Sheriff of 
Kent County in Maryland, some Quit Rent for the said Land. 
And further that, in the Year 1726, he paid Mr. George Wilson, 
of Kent County aforesaid, 623 Pound of Tobacco, for Quit Rents 
of the said Land, for the Use of Edward Mitchell, who the De- 
ponent heard had bought the Quit Rents, and threatened to 
distrain for them. This Witness swears himself interested, and 
what does he prove, if he were a good Witness ? Why, that the 
Land was in Newcastle County, and the Maryland Tenant run 
away, and left it, 40 Years ago. But, as this Ryley 's Tract was 
said to be once settled, the Defendant makes a great Bustle 
about it, and goes on and pursues his Evidence to this. 

Colonel John Ward, of Maryland, the Defendant' s Witness only, 
aged 67, [Lib. G. Fol. 31. Int. 11. additional Fol. 35.] 
Has heard a Tract of Land, in the County of Newcastle, wa,s 
possessed, upwards of 30 Years ago, by one Ryley, which was 
taken up and surveyed under a Maryland Right, and that the 
said Ryley settled his Son, under the same Right, upon the 
said Tract. 

Hugh Terry, of Maryland, the Defendant' s own Witness only, 
aged 41, [Lib.G. Fol. 39. Int. 11. additional Fol. 41.] 
That one William Broxall, settled Thomas Cornwall about 
23 Years ago, upon a Piece of Land, near Ryley's Run, in New- 
castle County, and told the Deponent that he paid my Lord 
47— Vol. XV. 



738 PENNSYLVANIA AND MARYLAND 

his Rent, but what Lord did not particularly mention as afore- 
said. 

Hearsay as to the Payment of any Rent. Nor is it said 
under what, or whose Right he settled' 

Geo. Veasey of Maryland, the Defendant s Witness, aged 61, 
[Lib. G. Fol. 82. Int. 21. Fol. 83.] 
Has lived, for above 20 Years past, in Cecil County, and has 
heard of Bustles and Troubles, on Account of Encroachments 
made, by Inhabitants of both Provinces, but can give no par- 
ticular or distinct Account of them. 

And thus ends the whole Account of all my Lord's Settle- 
ments (as they are called) Avith respect to Newcastle 
County, and all the pretended Instances of our Encroach- 
ments upon him; which amount to this, that Ryley set- 
tled a Tract, for two Years, until he ran away and left it, 
40 Years ago ; and that another Man, one Divier, about 
60 Years ago, planted some Peach Trees on Iron Hills. 
We now go down to Kent and Sussex Counties, on the same 
Points ; where we are to be very short. 

* William Barnes, the Defendant' s Witness only, aged 45, who 
was born in 1695, [Lib. G. Fol. 181. Int. 11. additional Fol. 
186.] 
Has heard and believes that, about the Year 1674 or 1675, sev- 
eral Tracts of Land were taken up, in the three lower Counties, 
by Persons under Lord Baltimore, and, in particulars Tract of 
Land called Mulberry Point,in Kent County aforesaid ; and also 
a Neck of Land, called, as he believes, Slater Neck, in Sussex 
County. And also another Tract of Land, on Little Creek, in 
Kent County afoi'esaid. And he has also heard of some other 
Tracts of Land, in the three lower Counties, that were taken 
up, and possessed, under Maryland Rights, but cannot particu- 
larly name them. Knows not of any Quit Rents being paid 
for any Lands in the three lower Counties to Lord Baltimore, 
or his Ancestors, but has heard that Quit Rents have been paid 
for Lands in the three lower Counties to the . Proprietor of 
Maryland, but believes the Person that told him, knew nothing 
of it, but by Hearsay. Says what knowledge he has, of the 
matters aforesaid was, he being at the House of R. Bennett, in 
Maryland, one Stevens shewed him a List, of near 20,000 Acres 
of Land, taken up under the Pioprietors of Maryland, in the 
Counties of Kent and Sussex, amongst which, the Tracts before 
mentioned were named ; and told him that the said Bennett 
had farmed the Arrearages of the Quit Rents of the said Lands, 
from the then Lord Baltimore, which was the Occasion of the 
making out of the said List, and that he the said Bennett was 
to collect and receive them but the People refused to pay. 



BOUNDARY QUESTION. 733 

Hearsay from a Marylander, who may be now alive, and 
this Hearsay Witness is au interested one too, and if it 
were evidence, tho' the Lands were taken up, as they call 
it, it is not pretended by this Witness, that one foot of 
them was ever settled, under Maryland Rights, in those 
Counties of Kent and Sussex. 

Samuel Preston, of Philadelphia, our Witness, aged 75, but 
cross examined, [Lib. H. Fol. 104. Int. 7. additional Fol. 112.] 
Knew one John Rhodes, who was a Justice of Peace in 
Sussex County, about 53 Years ago, [1687] but never knew any 
of the other Persons. The said Rhodes held Lands upon Reho- 
boath, in the said County of Sussex, the Affirmant believes, 
under the Plaintiffs, Ancestors. Further says he has heard, of 
one Captain Henry Smith, that the said Smith, in the Time of 
the Dutch, and before Proprietor Penn had any Claim to the said 
three Counties, took up a Piece of Land under the Defendant's 
Ancestors, in a Neck called Prime Hook Neck, in Sussex County, 
[This Hearsay is contradicted by the Avritten Evidence, for it 
was taken up under Governor Andros] but that, afterwards the 
same Lands were taken up, under Mr. Penn, by the said Smith 
or his Son, and under the said William Penn and his Family, 
and have been ever since held by the said Smith's Descendants. 

39. 

The Defendant wanted next to know, where, and in what 
Province, four or five particular Gentlemen lived, and who 
they held their Lands under, which, I suppose was in- 
tended to affect the South Bounds of Sussex County, Or, 
at least to shew that Settlements had been made in the 
lower Counties under Maryland. 

John Teague, of Maryland, aged 85, our Witness, but cross-ex- 
amined, [Lib. H. Fol. 43. Int. 7. additional Fol. 47.] 
That he knew Colonel Francis Jenkins, Captain Henry Smith, 
John Rhodes and Miles Grey, upwards of 40 Years ago, but does 
not remember to have seen William Prentice. That Colonel 
Jenkins, Henry Smith, and Miles Grey lived in Somerset County 
in Maryland, and he believes held their Lands under the De- 
fendant's Ancestors. But that John Rhodes lived in Sussex 
County, and has heard him, the said Rhodes, say, held his 
Lands under William Penn Esq ; 

Note, It appears in our written Evidence, That John Rhodes 
was appointed by Governor Andros to be an Ensign of the 
Company of Foot at the Whorekills on 26 October, 1676, and 
upon the 10th of November, 1677, was appointed one of the 
Justices of the Whorekill Court by Sir Edmund Andros, and. 



740 PENNSYLVANIA AND MARYLAND 

upon 8 October, 1678, was again appointed by Sir Edmund 
Andros one of the said Justices of Whorekill County, and 
upon 1st and 17th June, 1680, one of the Justices for the Whore- 
kill Court, by Sir Edmund Andros, and, as such took the oath 
in Person before Governor Andros, and had a Dedimus to 
swear, and did swear, the other Justices; and that when Mr, 
Penn came, soon afterwards, he was immediately appointed, 
by Mr. Penn one of the Justices for Whorekill District upon 
the 17th November, 1682, and again, one of the Justices, for 
that District, by its new name of Sussex County, upon 25th 
December, 1682. So that they'll scarce attempt to make John 
Roads a Maryland Tenant. 
As to Henry Smith, he never took up his mentioned Lands 
under the Defendant's Ancestors at all. On the contrary, 
we have, in our written Evidence, the Grant made to him 
by Governor Andros, (between 1674 and 1677) of the 
3000 Acres called Prime Hook, near Slaughters Creek by 
Prime Creek; besides which, we have Governor Andros's 
Commission to the said Henry Smith to be one of the 
Justices of the Whorekill Court, dated 10 November, 1677. 
And we also have the Order of 30th November, 1678, made 
by the Governor and Council at New York, fining him for 
slandering the rest of Magistrates there ; and binding him 
to his good Behaviour. So that he was originally the 
Duke of York's Tenant and Servant at the Whorekills; 
whether he afterwards went down into Somerset County 
in Maryland, being angry at having been fined, we know 
not. 
As to William Prentice, we have also the Grant which was 
made to him by Governor Andros (between 1674 and 1677) 
for 400 Acres in the Woods 5 Miles S. W. from the Whore, 
kill Town; so that he also was the Duke of York's Ten- 
ant. 
My Lord says in his Answer, fol. 188, 189, he, and his An- 
cestors, have been at very great Expence, from time to 
time, in improving and cultivating the three lower Coun- 
ties, and the foregoing are the Proofs, by which he would 
support that gross Falsity. % 

And here end all the Proofs relating to any Settlement, 
ever made by him, or his Tenants, within any of the three 
lower Counties. 

30. 

It will be proper, therefore, in the next Place, to see, from 
his own Witnesses, what Number of Inhabitants, they 
themselves allow to be in the three lower Counties. 



BOUNDARY QUESTION. 741 

My Lord, in his Answer, believes, there may be 40,000; but) 
as usual) they have examined Witnesses to falsify his 
Answer, and to make the Number less than he admits. 

* William Barnes, {Lib. G. fol. 181. Int. 17. add, fol, 189.] 

Has lived in Kent County above 20 Years, and believes there 
are in the three lower Counties about 1500 or 1600 Housekeepers 
and Inhabitants, that pay Taxes, a tenth Part whereof he be- 
lieves are Quakers. 

John Holliday, {Lib. G. fol. 170. Int. 17. add, fol. 178.] 

Has resided 20 Years in Kent County, and believes there is 
upwards of 1500 Housekeepers and Inhabitants, in Newcastle 
and Kent, that pay Taxes, and believes that about 300 of the 
1500 are Quakers. 

Cornelius Wiltbank, {Lib. G. fol. 207. Int. 17. add. fol, 207.] 

Has lived in Sussex County ever since he was born. Believes 
there are about 4 or 500 Houskeepers and Inhabitants in Sussex 
County, that pay Taxes, and about 800 in Kent County, and in 
Newcastle County about 1200. Three hundred of which, or 
thereabouts, he believes, are Quakers. 

George Ross, [Lib. H. fol. 67. Int. 3 & 4. fol. 69.] 

Says, there are four Clergymen of the Church of England, set- 
tled in the three lower Counties, namely Mr. Pugh, Mr. Usher, 
Mr. Becket, and the Deponent; who are all Missionaries from 
the Society for the Propagation of the Gospel in Foreign Parts. 
He is not acquainted with the Number of Inhabitants in any 
of the three lower Counties, besides what are within his own 
District, which is but narrow, and in the Hundred of Newcastle ; 
wherein, by computing four in a Family, he reckons there are 
about 800, including Men, Women and Children, whereof about 
240 are of the Church of England, about 70 Quakers, and the 
rest Dissenters of different Denominations. 

John Pugh, {Lib. H. fol. 67. Int. 3 & 4. fol. 68.] 

Says, there are four Clergymen of the Church of England, 
settled in the three lower Counties, and that they are settled 
there by Authority from the Bishop of London, as Diocesan. 
He has been so ill a great while, he has not been able to take 
any Account of the Number of Inhabitants in his own Parish. 

Arthur Usher, {Lib. H. fol. 74. Int. 3 & 4. fol. 75.] 

He says, there are but 4 Clergymen of the Church of England 
settled in the three lower Counties ; and as he has heard and 
believes, they are settled as Missionaries from the said Society. 
He does not know the Number of Inhabitants in the three lower 
Counties, or either of them. But has heard and believes there 



742 PENNSYLVANIA AND MARYLAND 

are in Kent County about 840 Taxable Inhabitants, of which 
about 382 profess themselves to be of the Church of England, 
and 109 of them profess themselves Quakers; and the rest Chris- 
tians, of different Denominations. Says, the Parish under his 
Care, is the said County of Kent, and he is annually obliged 
to make a Report of the Number of People in the said Parish, 
and their different Persuasions, to the said Society, and that, 
for that purpose, he had made the best Enquiry he could. 

Daniel Rodney, aged 45, [Lib. G. fol. 190. Int. 17. add. fol. 191. J 

Has lived in Kent County from his Infancy, and says, that 
having been, for some time, Clerk of that County, and having 
an opportunity of inspecting the Levy-List, believes there are 
about 800 housekeepers and Inhabitants that pay Taxes in Kent 
County. Of which he believes there are about 50, who are re- 
puted to be Quakers. 

William Becket, [Lib. H. fol. 57. Int. 3. fol. 57. ] 

He says there are four Church of England Clergymen, settled 
in the three Counties, by Order of the said Society. That this 
Year, in order to make a Report to the Bishop of London, of 
the Number of Persons within this Deponent's Parish, which 
is the County of Sussex, He went to the Clerk of the County, 
with one of his Church-Wardens, and consulted the Levy-List 
of the said County; and, computing the Number at five in a 
Family, they esteemed the whole to amount to about 1800 Peo- 
ple. He believes that 5 in a Family were as many as there 
were, upon an Average. That, agreeable to the above Calcu- 
lation, he believes there may be about 1100 uf the said People, 
of the Church of England, and the rest of them Dissenters, 
but can't tell how many are Quakers; but that upon an En- 
quiry, about three Years ago, he found that there were about 
17 Families of them, in the said County. 

A most impertinent Inquiry, to gratify my Lord's Curiosity, 

but no way in Issue, what Religion or Persuasion any of 

the People are of. 

31. 

The Defendant examined eight more Witnesses, on his 
Part, about the Payment of Quit-Rents in the lower 
Counties, viz. The two first, as to the County of New- 
castle; The two next, as to the County of Kent; and the 
four last, as to all the three Counties in general. 

George Ross, of Newcastle County, the Defendant's Witness aged 
59, [Lib. H. fol. 69. Int. 9. fol. 71.] 
Has lived in Newcastle County about 30 Years. Has heard, 



BOUNDARY QUESTION. 743 

from many of the Inhabitants in the said County, that they 
had refused to pay Quit-Rents for the Lands they held therein, 
and declared that tbey would do so, unless they had Deads to 
indemnify them from all Persons whatsoever; and particularly 
from one Joshua Story, who, having taken a Warrant to take 
up Lands from ths Plaintiffs, afterwards declared, that he would 
never pay any Quit-Rents for the same, unless he could have a 
Patent, with a Clause of Indemnification against all other 
Persons. Says, that the said Persons, who so refused to pay 
their Quit-Rents, alledged for the Reason of their Refusal, that 
the Title to the said Lands was disputed between tho Proprie- 
tors of Pensilvania and Maryland. 

*Adani Short, of Newcastle County, the Defendant's Witness 
only, aged 78, [Lib. H. fol. 60. Int. 9. fol. 74.] 
He now lives, and for 49 Years past has lived, in Newcastle 
County. That formerly the Inhabitants of the said County 
generally paid their Quit-Rents to the Plaintiffs Ancestors, 
but, about thirty Years ago, many of them refused to do it, and 
the Deponent believes have not, since, paid any, to any Person 
whatsoever, because the People were told of the different Claims 
of the Crown, the Lord Baltimore and the Penns, and were at 
a loss to know their Landlord. Does not know that any Suit, 
or Distress, has ever been made, for any Rents, due to any Pro- 
prietor of the three Counties; but has heard that, above thirty 
Years ago, the Land of one Burrows at Apoquinimy, in New- 
castle County, was seized, by a Collector of Rents for William 
Penn Esq ; and sold for Discharge of the same. 

Isaac Freeland, of Kent County, the Defendant' s Witness only, 
aged 54, [Lib. H. fol. 65. Int. 9. fol. 66.] 
Has lived in Kent County above 48 Years. That the Inhabi- 
tants of that County have, generally, refused to pay Quit-Rents 
for the Lands they hold, because they did not know whether 
the Lord Baltimore, or^ the Plaintiffs, were their Landlords. 
He never heard of any Distress being made, or Suit brought, for 
the Recovery of any Quit-Rents for the Land, in the said County. 

John Holiday, of Kent County, the Defendant's Witness only, 
aged 45, [Lib. G. fol. 170. Int. 6. fol. 170.] 
Has frequently heard, that several Persons, formerly, have 
paid Quit-Rents for Lands in the County of Kent, to the Pro- 
prietors of Pensilvania, but he has not known, or heard of, any 
Quit-Rent being demanded, or paid since the Lord Baltimore 
set up a Claim to the three Counties. 

James Potter, of Kent County, the Defendant' s Witness only, 
aged 64, [Lib. G. fol. 150. Int. 6. fol. 150.] 
Says, that many Years ago, in the Life of the Plaintiffs Fafher, 



744 PENNSYLVANIA AND MARYLAND 

Mr. Logan came to Dover, to demand Quit-Rents from the In- 
habitants in the three lower Counties in question, for the Use 
of the Plaintiffs Father ; and that, afterwards, one Clarke, an 
Agent, as he supposed, to the Proprietor of Pensilvania, came, 
demanded, and received of several, in the said County of Kent, 
some Quit- Rents. But, there being a Dispute between the Pro- 
prietors of Maryland and Pensilvania, concerning the Right to 
the said three lower Counties, the Generality of the People in 
the said Counties refused to pay any Quit- Rents, by Reason, as 
he understood and heard, they thought a Receipt for the Quit- 
Rent from one Proprietor would not discharge them against the 
other. 

*Daniel Needham, of Kent County, the Defendant's Witness only, 
aged 57, [Lib. Q. fol. 155. Int. 6. fol. 156.] 
Believes some of the Inhabitants of the three lower Counties 
have paid Quit-Rents for Lands in the lower Counties to the 
Pensilvania Proprietors, and some have refused to pay : the 
Reason of which Refusal, as heOheard, was because the Right 
to the said Counties was contested. Some said it belonged to 
the King, some said to the Proprietor of Pensilvania, some to 
the Proprietor of Maryland. The Quit-Rent for the Land where- 
on this Affirmant now lives, in Kent County, was paid to the 
Proprietor of Pensilvania till the Year 1705, it being in the 
whole about 20 Years, but knows of no Quit-Rents that have 
been lately paid in the said three lower Counties. 

Charles Hilliard,of Kent County, the Defendant's Witness only,, 
aged 63, [Lib. G. fol. 158. Int. 6. fol. 165.] 
Believes the Inhabitants in the three lower Counties have 
not, for some Years last past, paid any Quit-Rents for Lands 
to the Proprietors of Pensilvania; and the Reason why they 
don't pay any Quit-Rents is, because of a Dispute between the 
Proprietors of Pensilvania and Maryland, as he apprehends. 

* William Barnes, of Kent County, the Defendant' s Witness only, 
agedi5, [Lib. G. fol. 181. Int. 3. fol. 182.] 
Has heard that Quit-Rents, for Lands in the lower Counties, 
have been paid to the Proprietor of Pensilvania; but has not 
heard that any Quit-Rents have been paid or demanded since 
he lived in this County, which is above 20 Years; he has seen, 
and had in his Custody, a Receipt, for Quit- Rents, that was 
paid for the Use of the Proprietor of Pensilvania, for Land 
and Marsh, which he is now in Possession of in Kent County. 
Note — The last 8 are all of them the Defendant's own Wit- 
nesses, and we did not examine any one of them at all, ex- 
cept Mr. Ross. 



BOUNDARY QUESTION. 745 

Note — The Articles of Agreement recite (as one of the In- 
ducements thereto) that, notwithstanding several Treaties 
and Endeavours for settling the Disputes and Differences, 
divers Difficulties had risen, and inany Persons had seated 
themselves, upon great Parcels of the Lands in dispute, with- 
out Authority from either of the Proprietors, and without 
paying the usual Fines or Quit-Rents, or conforming them- 
selves to the Government and Establishment settled in any 
of the said Provinces or Counties ; but, for the putting a final 
and friendly End and Accommodation to the said Disputes 
and Difference, It is agreed, &c. 



32. 

In the next Place, my Lord examined the Clerk of the Coun- 
cil here, to prove, that we had always appointed the Gov- 
ernour for the lower Counties, but that, upon the Crown's 
approving of such Governours, we signed a Declaration 
that it should not prejudice the Right claimed by the 
Crown. 

William Sharpe, Esq., Clerk of the Council, [Lib. F. fol. 1. 
Int. 4. fol. 3.] 
Is acquainted with the Method which hath been taken in 
appointing a Governour, or Deputy, or Lieutenant Governour 
for the three lower Counties, and hath been acquainted there- 
with, for about 30 Years last past, by means of having, during 
the said Time, belonged to the Privy Council Office, and is now 
one of the Clex-ks of the Privy Council. And saith that, to 
the best of this Deponent's Knowledge, Remembrance, and 
Belief, such Deputy or Lieutenant-Governour, hath, from time 
to time, during his Knowledge as aforesaid, been nominated 
by the Proprietor or Proprietors of the Province of Pensilvania 
at the same time when such Proprietor or Proprietors hath or 
have nominated to the Crown a Person to be Deputy or Lieu- 
tenant Governour of the said Province of Pensilvania. And 
saith that one and the same Person hath always, during this 
Deponent's said Knowledge, been so nominated as aforesaid 
Deputy or Lieutenant Governour for the said 3 lower Counties, 
and Deputy or Lieutenant Governour for the said Province of 
Pensilvania; and that such Nomination of Deputy or Lieuten- 
ant Governour, hath been, always, laid before the Crown, in 
Council, by way of Petition or Representation, by the said 
Proprietor or Proprietors, thereby humbly praying the Appro- 
bation of his or her Majesty for such person to be Deputy Lieu- 
tenant Governour. as aforesaid. And further saith that it hath 



746 PENNSYLVANIA AND MARYLAND 

been usual for such Governour to be first approved of by the 
Crown, before he can take upon, or has any Jurisdiction over, 
the said three lower Counties; and that, in his Judgment and 
Belief.it is necessary for such Governour to be first approved of 
by the Crown, before he can take upon, or has any Jurisdiction 
over, the said three lower Counties; and the Reason of his Judg- 
ment and Belief is, for that such Proprietor or Proprietors, in 
his or their said Petition or Representation, doth, or do set forth, 
that such Person is nominated Deputy Lieutenant Governour, 
to his or her Majesty, in pursuance of an Act of Parliament in 
that behalf or to that Effect ; And saith that, in the Order, of the 
Crown in Council, signifying the Royal Approbation of the Per- 
son nominated, to be Deputy or Lieutenant Governour of the 
said Province of Pensilvania, and the said 3 lower Counties, 
aforesaid, it hath always been signified, that the Crown ap- 
proves of such Person to be Deputy or Lieutenant Governour of 
the said Province of Pensilvania, without any Limitation of 
Time, and to be Deputy or Lieutenant Governour of the said 3 
lower Counties, during the Pleasure of the Crown, or to that Ef- 
fect. And further, saith, that to the best of his Knowledge and 
Belief, it hath not been insisted upon, on Belial f of the Crown, 
or of any other Person or Persons, that the Governour should 
sign or subscribe a Declaration in Writing, signifying that such 
Appointment of a Governour, or Deputy, or Lieutenant Govern- 
our of the said 3 lower Counties should not in any manner be 
construed to establish any Right in the Proprietors of the said 
Province of Pensilvania to the said 3 lower Counties, or to any 
other Purport or Effect; Nor had the Governours or Deputy, or 
Lieutenant Governours of the said 3 lower Counties, at any time, 
to the best of his Knowledge and Belief, upon their being ap- 
pointed to such Government, signed or subscribed any Declara- 
tion, to that Purport or Effect; But, saith that, to his Know- 
ledge, it hath been insisted upon, by, or on the Behalf of the 
Crown, upon the Approbation of the Crown of such Deputy, or 
Lieutenant Governour, as aforesaid, that such Proprietor or 
Proprietors as aforesaid, should make a Declaration, in Writ- 
ing, that the Approbation of the Crown, of such Deputy or 
Lieutenant Governour, of the said 3 lower Counties, should 
not be construed in any manner to diminish or set aside, the 
Right, claimed by the Crown, to the said 3 lower Counties, or 
to that Purport or Effect; And that, also, to the best of his 
Knowledge and Belief, unless such Declaration, in Writing, be 
made, by the Proprietor or Proprietors as aforesaid, such De- 
puty or Lieutenant Governour would not have been admitted 
to such Government; it having been, to his Knowledge, an 
usual Condition, in the Order of the Crown, approving of such 



BOUNDARY QUESTION. 747 

Governours, that the said Proprietor or Proprietors should 
make such Declaration as aforesaid, unless such Declaration 
had been made by such Proprietor or Proprietors before the ap- 
proving of such Governours, which hath been done sometimes. 
Note — The foregoing Deposition is precisely true, and is 
indeed the Sum and Substance of a Number of Orders of Coun- 
cil, made upon our Appointments of Governours, from time 
to time, since the Year 1702; at which time, when we applied 
for the Crown's Approbation, pursuant to the then new Act 
of Parliament the said Declaration was first required of us, 
and has, ever since that time been, on such occasions, renewed. 
But Mr. Penn, in Person, and his Deputies, before that time, 
and from the Year 1682, exercised the Government of the 8 
lower Counties, for near 20 Years together, and had the Gov- 
ernment of the same restored to him by the Crown also with- 
out any one such Declaration, till that new Act of Parlia- 
ment was made, requiring Proprietors of all Plantations 
abroad, to have the Crown's Approbation of the Governours 
which they appointed : and that gave the first Opportunity 
of requiring that Declaration from us. 

33. 

The Defendant next enquired how many Ports and Harbours 
there were, in going up Delaware Bay? 

Thomas Hynson Wright, of Maryland, aged 52, the Defendant's 
own Witness only, [Lib. O.fol. 251. Int. 18. add. fol. 258.] 
Is but little acquainted with the Bay. or River of Delaware, 
and therefore can't take upon him to describe how many Poi'ts 
or Harbours there are therein ; having never been in any of 
them, but St. George's Creek on the West, and Salem Creek on 
the East. 

John Price, a Pilot, aged 42, the Defendant' s own Witness only, 
{Lib. G. fol. 199. Int. 18. addit. fol. 200. J 
Is acquainted, and has been for 30 Years past, with the Bay 
and River of Delaware, by sailing up and down the same. Says 
there is, on the East side of the said Bay, Harbours fit for 
Trade and Shipping, viz. Morris's River and Cohansic Creek. 
And on the East side of Delaware River, Salem Creek, Timber 
Creek, and Ankokus Creek — And that there is on the West 
side of the said Bay, Prime-book Bay, and, on the West side 
of the said River, St. George's Creek, Christiana Creek, Derby 
Creek, and Skuylkill River. 

These, I suppose, are to shew that there is no absolute 
.Necessity that the Proprietors of Pensilvania should have 



748 PENNSYLVANIA AND MARYLAND 

the lower Counties also, for the sake of Harbours in them ; 
for that, truly, in coming up the Bay to Pensilvania, 
there are other Harbours, also, on the other side of the 
Bay, in New Jersey. 

But he don't shew us where those Places are situated ; and 
if he did, Does the Wind always favour to stand at West, 
to carry Ships in Times of Danger, into those Eastern 
Harbours? And if it did, must not Pensilvania Ships pay 
Port-Charges, if they go into another distinct Province? 

But this Witness, is a Pilot, and a very knowing one, and 
has proved a material Fact for us, which the Defendant 
is not aware of. Y 7 ou observe, he carefully distinguishes 
(on both Sides) which of the Harbours are in the Bay, 
and which are in the River of Delaware; and he says St. 
George's Creek is in the River; That proves then that 
the Bay is ended, at least, there; and that is, (upon a 
direct North Course) above 8 Miles South of Newcastle. 
Whereas, by the Articles, we convey to my Lord about 5 
Miles above Newcastle, North of it. 

Consequently, at least, those 13 Miles above the furthest 
Part of the Land-mark mentioned in his own Charter. 

34. 

We had, abundantly, proved that, when Goods came, not 
out of Pensilvania, but meerly out of the lower Coun- 
ties, Duties were demanded for them in Maryland, under 
Laws, past there which affected only Pensilvania, and 
its Territories thereunto belonging, and had consequently 
shewn that, in Maryland, and even by the Legislature 
of it, the lower Counties were considered as the Terri- 
tories belonging to Pensilvania, (notwithstanding my 
Lord's absolute Denial of that Fact.; He, not contented, 
goes on to examine Witnesses, in order, if possible, to have 
contradicted that Fact ; but it comes out, as usual. 

John Scott, aged 34, our Witness, but cross-examined by the De- 
fendant, [Lib. H. fol. 73. Int. 10. fol. 74.] 
He himself has paid Duty tor Rum imported, by Land, from 
Apoquinomy, to the Head of Bohemia River; but does not 
know where the Head of Chesopeak Bay is. That the Rum 
was never landed at Philadelphia, but brought directly from 
Antigua to Apoquinomy. 

John Carnan, of Maryland, Merchant, our Witness, but cross- 
examined by the Defendant, [Lib. H. fol. 52. Int. 10. fol. 53. ] 
Has known Duty paid for Rum and Negros imported, by 



BOUNDARY QUESTION. 749 

Land, to the Head of Bohemia, and to Susquehanna River; 
but does not know the Head of Chesopeak Bay, or that any 
Rum or Negros have been thereto imported by Land. 

35. 

The next Step my Lord took, was to fish for some Counties, 
called Durham and Worcester Counties, scituate some- 
where or other ; but nobody knows any thing of any such 
Counties. 

John 'league, of Maryland, aged 85, our Witness, but cross-ex- 
amined, [Lib. H. fol. 43. Int. 9. addit. fol. 48.] 
That he has heard of a County called Worcester County, but 
knows nothing about it. 

36. 

Well, there was another Fact my Lord wanted to prove, 
that, lately, one Cressap, had held a Fort, some where or 
other, under Lord Baltimore's Government, and to that 
end he cross-examined our two following Witnesses. 

Samuel Hotting szoorth, aged 67, [Lib. H. fol. 39. Int. 2. addit. 

fol. 33.] 
Our Witness cross-examined, has heard of a Fort, on the 
West-side of Susquehannah, lately kept by one Cressap, under 
the Government of Maryland ; and has heard, upwards of 40 
Years ago, that, there formerly was an Indian Town and Fort, 
on the East-side of Susquehannah, near the Mouth of Octorara. 

John Musgrave, another of our Witnesses^ aged 73, cross-ex- 
amined, [Lib. H. fol. 34. Int. 2. addit. fol. 39.] 
Has heard of no other Fort, on the West-side of Susquehan- 
nah, than one, that was lately kept there, under the Govern- 
ment of Maryland, by one Captain Cressap. 

Note— No Place mentioned, by either of these Hearsay 
Witnesses, for Cressap's late Fort; and the River Susque- 
hannah runs down, North and South, Part of it in and 
through both Provinces. 

37. 

Now we come to the Defendant's Proof, in relation to the 
Agreement, and the Treaty in order thereto. 

John Sharpe, [Lib. F. fol. 14. Int. 5. fol. 15.] 

That this Deponent doth know of, and was privy to, a Treaty 
that was entered into, and carried on, by and between the Plain- 
tiffs and Defendant for settling and determining the Bounds 



750 PENNSYLVANIA AND MARYLAND 

between the Provinces of Maryland and Pensilvania, this De- 
ponent being concerned for the said Defendant, as his Solicitor, 
in relation tiiereto ; but saith that he doth not know, nor can 
he say, otherwise than as herein after is mentioned, when, or 
by whom, such Treaty was first proposed or set on foot ; or upon 
whose Application, Solicitation, Instance or Request; this De- 
ponent not being privy to the first Commencement of the said 
Treaty, and not being made acquainted therewith, or consulted 
therein, until after some Progress had been made therein ; and 
that, when this Deponent came to be employed ana concerned 
in the said Treaty, this Deponent apprehended and understood, 
that the said Treaty was first proposed, and set on foot, by the 
said Plaintiffs, and that the same originally proceeded from 
their Application, Solicitation, Instance and Request; And 
this Deponent believes the same to be true, for that, after this 
Deponent was concerned and employed therein, the said Plain- 
tiffs Solicitor Mx\ Paris, on their behalf, was much more press- 
ing for the effecting and compleating the said Treaty, than 
the said Defendant the Lord Baltimore; but, in what manner, 
or with what View, or Design, such Treaty was so proposed, 
and set on foot, otherwise, than to fix and ascertain the Bound- 
aries between the two Provinces of Maryland and Pensilvania, 
this Deponent, being uf his own Knowledge a Stranger thereto, 
cannot set forth. And further saith, that this Deponent was 
present at two several Meetings, (and not more than two, to 
the best of his now Remembrance and Belief) which were had 
between the Defendant and the Plaintiffs, or some of them, upon 
the Subject-manner of the said Treaty, but the Times when, 
or Places where, this Deponent cannot set forth, other than to 
the best of this Deponent's now Remembrance and Belief they 
were had in July or August, 1731, at the Bedford-Head Tavern 
near Covent-Garden in the County of Middlesex. And saith 
that the Defendant, Mr. Ogle, the Plaintiffs John and Thomas 
Penn, Thomas BeakeEsq; since deceased, the Plaintiffs Solici- 
tor, Mr. Paris, and this Deponent, were present at one, if not 
at both, of the said Meetings, but whether any other Persons, 
and if any, who else, were present thereat, this Deponent can- 
not recollect. And saith that the principal Discourse, which 
passed at such Meetings, was, in relation to bringing the said 
Treaty to a Conclusion, and agreeing upon the Heads thereof, 
and giving Instructions for carrying the same into Execution, 
by directing proper Deeds or Instruments to be prepared for 
that Purpose; And that, to the best of this Deponent's now 
Remembrance, and as he verily believes, there were two little 
Plans or Maps produced, upon that Occasion, at one of the said 
Meetings, the one of them by the Defendant, and the other of 



BOUNDARY QUESTION. 75t 

them by one of the Plaintiff's, either the said John or Thomas 
Penn, but which particularly can't recollect; and which said 
two Plans or Maps, to the best of his present Remembrance 
and Belief, corresponded and agreed with each odiei\ And saith 
that the Defendant the Lord Baltimore, upon the said Plan 
or Map so produced by him, and the said Plaintiff John or 
Thomas Penn, upon the said Plan or Map produced by one of 
them, did, to the best of this Deponent's now Remembrance 
and Belief, with a Pencil, draw Lines, which were so done, in 
order thereby to denote, as this Deponent understood and be- 
lieves, in what manner the Boundary-Lines in Controversy 
between them ought to be run : but this Deponent, not putting 
down in Writing what passed at such Meetings, cannot set 
forth the Substance, Purport, or Effect of the several Proposals, 
Objections and Observations which were made use of, upon the 
Matters then under Consideration ; nor by whom by Name the 
same were respectively so made: save that, in general, this De- 
ponent very well remembers that the said Plaintiffs John and 
Thomas Penn seemed, as this Deponent apprehends, and is of 
Opinion, to have been much better prepared for such Meetings 
than the said Defendant, who seemed to have no other Informa- 
tion of the Matters, then under Consideration, than what arose 
from the said Plans or Maps, and the Information he received 
from the said John and Thomas Penn. and upon whose Rep- 
resentation of the Matters, then under Consideration, the De- 
fendant, to the best of this Deponent's now Remembrance and 
Belief, seemed principally to rely; his Lordship being then, as 
this Deponent verily believes, of his own Knowledge, an entire 
Stranger to, and wholly unacquainted with, the Situation of 
the said Country; And which said Plan or Map (so produced 
by the said Defendant, and upon which, and the Information 
given him by the said Plaintiffs John and Thomas Penn, his 
Lordship seemed, in the Opinion and Judgment of this Depon- 
ent, entirely to rely) was, as this Deponent hath been since in- 
formed by the said Defendant and others, and therefore doth 
believe, drawn in Pensilvania, and sent from thence to Mary- 
land, to the said Defendant the Lord Baltimore's Agents there, 
and by them transmitted to his said Lordship in England ; And 
this Deponent hath been since informed by his Lordship and 
others, and therefore doth believe, that the said Plan or Map, 
so produced by the said Defendant, was very incorrect or erron- 
eous. And this Deponent saith that, to the best of his Re- 
membrance and Belief, either the said John or Thomas Penn 
declared, at such Meeting at which the said Plan or Maps were 
so produced, that the Plan he so produced, had been sent him 
from Pensilvania, by the Deputy Governor there, in order to 



752 PENNSYLVANIA AND MARYLAND 

treat with the said Defendant the Lord Baltimore in Relation 
to the settling the said Boundary-Lines. And this Deponent 
saith that there was no other Map or Plan, to the best of his 
Remembrance and Belief, made use of, on such Treaty, than 
the aforementioned two Plans or Maps. And the Reason no 
other Map or Plan was then used, was, as this Deponent verily 
believes, from a firm Persuasion and Opinion, in the said De- 
fendant the Lord Baltimore, that the same were just Plans, and 
that he might safely rely thereon. And this Deponent further 
said, that he is very sure, that nothing passed at the said Meet- 
ings, on either side, that was, in the least, over-bearing, but 
all seemed to be transacted in a very friendly manner, and that 
there were Concessions mutually made, on each side, to the best 
of this Deponent's now Remembrance and Belief; And this De- 
ponent further saith that, to the best of his now Remembrance 
and Belief it was agreed, at the said Meeting where the said 
Plans or Maps were so produced as aforesaid, that the said Plan 
or Map, so produced by the Defendant the Lord Baltimore, 
should be the Plan or Map on which the Agreement then came 
to, should be founded; and that the same should be affixed, or 
annexed, to the Agreement, as a Means the better to explain 
the same; And this Deponent very well remembers that Mr. 
Senex, since dead, was pitched upon as a proper Person to be 
employed in engraving the said Plan or Map, and who was, 
as this Deponent believes, named by the said Defendant the 
Lord Baltimore, as one he had heard of, but not as one he was 
at all personally acquainted with ; And this Deponent saith 
that, to the best of this Deponent's now Remembrance and 
Belief, the said Plaintiffs John and Thomas Penn immediately 
agreed to the said Mr. Senex being employed therein; And this 
Deponent doth not remember that any other Person, by Name, 
was proposed for that Purpose ; And this Deponent further 
saith that the said Mr. Senex did, accordingly, as this Depo- 
nent apprehends and believes, engrave the said Plan or Map 
on the Parchment-Writing, on which the said Agreement was 
afterwards engrost; And that the Plan or Map, marked on the 
Backside thereof with the Letter (F) appearing to be printed 
or stampt upon the Parchment-Writing, markt with the Letter 
(G) and puroorting to be Articles of Agreement between the 
said Defendant the Lord Baltimore and the Plaintiffs, now 
produced, does, as this Deponent apprehends and verily believes, 
exactly agree with the said Plan or Map so produced by the 
said Defendant the Lord Baltimore, and made use of at such 
Meeting as aforesaid ; and that there is no Variation or Differ- 
ence therein to the best of this Deponent's Knowledge and Be- 
lief, from that so produced as aforesaid by the said Defendant 



BOUNDARY QUESTION. 753 

the Lord Baltimore; and this Deponent saith that at such 
Meetings as aforesaid, or one of them, the said Defendant the 
Lord Baltimore did, to the best of this Deponent's now Re- 
membrance and Belief, produce a Paper-Writing, purporting 
to contain Notes of Matters he the said Lord Baltimore pro- 
posed should be provided for, and inserted, in the Agreement 
which was then intended to be entred into ; and which said 
Paper- Writing was all of the proper Hand- writing of the said 
Defendant the Lord Baltimore, as this Deponent verily believes. 
And this Deponent saith that such Paper- Writing did not pur- 
port to be com pleat Notes of every thing, or to contain the 
Substance of all the several Matters proposed as Part of the 
said intended Agreement bat only, to purport or contain short 
Notes or Heads concerning the Matters then under Considera- 
tion, and were made, as this Deponent apprehends and believes, 
only as Memorandums for the said Defendant the Lord Balti- 
more against the said Meetings, to remind himself thex-eof. and 
to prevent his forgetting the same; And this Deponent saith 
that it was not proposed, desired or insisted upon, by the said 
Defendant the Lord Baltimore, or on his behalf, at such Meet- 
ings, or either of them, that the said Agreement should be drawn 
on the Foot of those Notes only, but that all that was insisted 
upon by the said Defendant, the Lord Baltimore, or on his be- 
half, was, that the several Matters contained in the said Notes, 
should be provided for, and inserted in the said Agreement, 
and which the said Plaintiffs John and Thomas Penn agreed 
to; And further this Deponent saith, that the said Paper- 
Writing or Notes were read over, at, such Meetings or one of 
them, to the Company then present, by the said Defendant the 
Lord Baltimore; And that, to the best of this Deponent's 
present. Remembrance and Belief, either the said Plaintiff 
John or Thomas Penn, or the' said Mr. Paris, for or on the be- 
half of the Plaintiffs (but which of them in particular, this 
Deponent cannot recollect) did ask or desire the said Defend- 
ant the Lord Baltimore, to deliver to him the said Paper 
Writing or Notes, in order to insert them into the said Agree- 
ment; To which the said Defendant the Lord Baltimore an- 
swered, to the best of the Deponent's now Remembrance, and 
Belief, that he had no Copy of such Paper or Notes, but that 
he would deliver the same to this Deponent his Sollicitor, in 
order to this Deponent's giving them a Copy thereof; and his 
Lordship did then, at such Meeting, deliver the same to this 
Deponent, with Directions to make and send, the Plaintiffs, or 
the said Mr. Paris, a Copy thereof, in order to insert the same 
in the said Agreement; And the said Defendant the Lord 
48— Vol. XV. 



754 PENNSYLVANIA AND MARYLAND 

Baltimore, did, very readily, and without any the least Diffi- 
culty, agree and consent thereto; And this Deponent further 
saith that, in some few Days afterwards (but the particular 
Day when, this Deponent cannot now recollect) he this De- 
ponent did give, or send to, the said Mr. Paris, and for, or on 
the behalf of the said Plaintiffs, a Copy of the said Paper- 
Writing, or Notes, and which, as this Deponent verily believes, 
was a true and exact Copy thereof ; And this Deponent saith 
that the Purport or Substance of the said Paper-Writing or 
Notes, so produced as aforesaid by the Defendant, is as fol- 
loweth (that is to say)"l. There shall be a Circle of 12 M— Dist 

" drawn fom Newcastle. 2. The Proprietors of Pensilvania 

"shall be intitled to 15 Miles South of Philadelphia, by a West 
"Line drawn from the Point of the South and North to the 
"Extent of their West Limits, comprized in the Charter of 
"Pensilvania. 3. There shall be a Line South drawn from East 
"and West Line aforesaid, which shall intercut the Periphery 
"of the Circle of twelve Miles from Newcastle*, until it inter- 
"cut the Parrallel of an East and West Line drawn to the Pro- 
"montory or Cape called Cape Hinlopen at Rect- Angles. 4. The 
"Lord Baltimore to quit all Pretensions to the three Lower 
"Counties, known to be at present comprized within the Limits 
"aforesaid (that is to say) within the twelve Mile Circle of 
"Newcastle, and the North and South Line drawn as aforesaid 
"on the West, and the Bay of Delaware on the East. 5. The 
"Proprietors of Pensilvania to quit all Pretensions to any Land 
"to the Southward of the Line of 15 Miles from Philadelphia, 
"and to the West of the North and South Line heretofore 
"described, and for the Considerations aforesaid, convey to 
"the Lord Baltimore all Right and Title they may have there- 
"unto belonging. 6. For the quieting the present Possessors 
"of the Land in Dispute, and the better informing the respec- 
tive Proprietors of the Provinces aforesaid, It is agreed by the 
"Parties contracting, that it shall and may be lawful for each 
"Proprietor to have Copies, at their respective Costs and 
"Charges, of the Grants, Patents, Leases, &c. by which any of 
"the present Claimants hold their Lands; and moreover it is 
"mutually agreed that fresh Patents, Leases, Grants, &c. 
"shall be made out, to all the Possessors of Lands, Houses, &c- 
" Avithin the present disputed, and by this determined Boundary, 
"without any Fines or Arrearages of Rent, whatsoever, pro- 
vided they become Tenants to the respective Provinces, subject 
"to the Rents and Reserves common to the Land-holders of the 
"i*espective Provinces, subject nevertheless to usual Fees to the 
"proper Officers of the said Provinces, for the taking out of any 
"Patents for the Lands and Tenements they at present are 



BOUNDARY QUESTION. 755 

" possest of". And to the Truth thereof this Deponent can the 
better depose, having the said Original Paper- Writing or Notes, 
in this Deponent's Custody or Possession, the same having 
been lately found, and this, with what will best and further 
appear in and by the said Paper-Writing or Notes, and the said 
produced Plan or Map, Avhereto this Deponent refers, is all he 
can materially depose to this Interrogatory, to his present Re- 
membrance. 

Mr. Sharpe expressly swears that he was not privy to the 
Commencement of the Treaty, and that he does not know 
at whose Request it began. (That last is a Fact which 
shall be cleared up by and by.) And it's observable that 
they would not examine Serjeant Wynne, who swears he, 
as my Lord's Council, was present, at my Lord's Request, 
at several Meetings in order to try to agree. Mr. Sharpe 
goes on, That he was only present at two Meetings, and 
those in July or August, 1731, after some Progress had 
been made in the said Treaty ; That, at the said meeting, 
which he was pesent at, the principal Discourse which 
past was, in relation to the bringing the Treaty to a Con- 
clusion,and agreeing upon the Heads thereof, and giving 
Instructions for carrying it into Execution, by directing 
proper Deeds or Instruments to be prepared. 
He says, that he apprehended and understood that the 
Treaty began at the Plaintiffs Request, but that he does 
not know it; of which hereafter. 
He says, that at those Meetings which he was at, the Plain- 
tiffs seemed to be better prepared for such Meetings than 
my Lord was. Whose Fault was that, if it really was so? 
That my Lord, at those Meetings, seemed to have no other 
Information of the Matters, then under Consideration (and 
he has told us what they were) than what arose from his, 
and our Maps, and the Information he received from 
us, On which my Lord seemed principally to rely: Be it 
so, If he received his Map, from his own Agent, as, after 9 
Months Consideration of the Draught he owned under his 
Hand and Seal, and still swears he did ; and had had it 
many Years by him, as he, even now, swears positively he 
had had it; and if, over and above all this, his Map 
was exceedingly just and true, precisely in the very Part 
where he pretends 'twas grossly false ; what other Informa- 
tion could he have had? Or, if further Information was 
still to have been had what hindred his getting it? Two 
Persons, Paris and Abraham Taylor, believe he sent the 
Substance of the Draft over to America, during the nine 
Months that the Draft itself was under his Consideration ; 



756 PENNSYLVANIA AND MARYLAND 

And the reason of their Belief thereof arises from what h<i 
himself declared at two several Times, viz. on 29th March, 
1732, when he gave over that material new Clause about 
the intersecting of navigable Waters, and again on 10th 
May, 1732, when he executed the Articles; And they are 
strongly corroborated in this their Belief by the Defend- 
ant's Witness, who says, now, that those Articles if ex- 
ecuted, would cut off navigable Waters. Was my Lord 
ignorant of that? No. His new Clause delivered on 29th 
March, 1732, provides expressly for that very Case, and 
for nothing in the World but that : So that my Lord, 
long before the Draft was settled, either knew the Situa- 
tion of his Province, or had been informed from Maryland 
of it. And that Clause, as he then declared, his People 
insisted on, and therefore, he must have it ; so that there 
is all the Proof, that we could give of his Actions, that 
he did (additional to all his other Information) send the 
Agreement, or Substance of it, over to his own Agents in 
Maryland, for further Information still, during the nine 
Months he had the Draft of it before him. And as to 
what seemed to Mr. Sharpe at those Meetings, it was an 
untrue Seeming or Appearance, for, besides all this, my 
Lord himself, and another Witness of ours, prove he 
really had other Information, long before; for they have 
examined a Witness, Mr. Preston, to prove that Mr. Logan 
had been, heretofore (in the Absence of the late Mr. Penn 
from Pensilvania, and afterwards, in the Infancy of the 
now Plaintiffs) the great Manager and Agent for 30 Years 
together from 1701 to 1732, in all the Pensilvania Affairs. 
He was so, and what does he swear? Why, that in the 
Year 1724, my Lord Baltimore had, before him, the fairest 
and largest Manuscript Draft of the Peninsula that he 
had ever seen, and that it had many different Lines drawn 
upon it East and West ; And what does my Lord himself 
now swear, in his own Answer, about this Map? Why, 
that he took it, as the first that came to hand. The 
first ! why then, from the 3d of June, 1731, to the 10th of 
May, 1732, he had Time enough to have lookt for the sec- 
ond, or some of his others. 

So that, whatever seemed, my Lord really had other In- 
formation; nor does Mr Sharpe pretend that he had not, 
for, hithei-to, he only says that, at those two particular 
Meetings in July or Auugst 1731, my Lord seemed princi- 
pally to rely ; but what had he before, or after, down to 
10th May 1732? 

And besides, what signified it what he relied on, just then, 



BOUNDARY QUESTION. 757 

when they were ordering Deeds? The Agreement, and the 
Places where the Lines were to be run, had been before 
agreed, and they then njet to direct the proper Deeds and 
Instruments. Not to settle what should be the Bounds. 
And my Lord had then brought a Sheet, all of his own 
Hand-writing, of particular Directions, from what Places, 
how far, and in what manner, every one of the lines 
should be run. 
What Colour of Reason or Foundation, does Mr. Sharpe 
assign for his Belief that my Lord was then, as to his 
own Knowledge, an entire S1 ranger to, and wholly unac- 
quainted with, the Situation of his Province, whereof he 
has been Proprietor ever since the Year 1715? None in the 
World. The Reason of the Thing is against him, a Prov- 
ince, out of which an immense Revenue, of near 8000Z. 
Sterling per Annum is screwed, was worth his informing 
himself about; especially as it had for 50 Years before 
been in perpetual Contest, and as there had been two 
Applications about it, to which this present Lord Balti- 
more himself was a Party, viz. in 1717, and again in 1725, 
by the Earl of Sutherland ; and this Lord himself had 
made one temporary Agreement, with Hannah Penn, 
before, about it, in 1723. And, whoever it was first set 
on foot the Treaty, yet, my Lord agreed to meet, and did 
meet, about a perpetual Agreement ; And yet, contrary 
to the Reason of the Thing, Mr. Sharpe believes: But he 
believes contrary to the Evidence of the Thing also; for 
Mr. Logan swears, and my Lord, plainly enough, also 
swears, that my Lord, had other Maps long before; In 
which Case (let who will believe it) yet my Lord could 
not be an entire Stranger, or wholly unacquainted with 
the Sitution of his own Province. 
A Person may repeat a Gingle of Words till he loses himself, 
which is the Case here ; Mr. Sharpe, at first, said my Lord seemed 
principally to rely on the two Maps and the Plaintiffs Informa- 
tion. And, upon a second Repetition of the Words, he makes 
them a little stronger, that my Lord seemed entirely to rely on 
them. But which could not be true, (that he did so entirely 
rely) however it might seem to Mr. Sharpe, as before observed. 
Mr. Sharpe, very civilly and respectfully to his Client, says, 
he believes that Map was drawn in Pensilvania, sent from thence 
to my Lord's Agents in Maryland, and by them sent to my 
Lord ; (so that he, himself, believes my Lord's Agents were the 
Persons that sent that Map to my Lord, which is something) 
and he adds further, his Belief, that the said Map was very in- 
correct and faulty; and he gives his Reason now, for all this 



758 PENNSYLVANIA AND MARYLAND 

Belief; for, my Lord has told him so. I fancy, when he has 
read the Proofs, and seen how grossly my Lord's Answer upon 
Oath is falsifyed, in a great Number of Particulars, he will 
not be so civil as to believe what my Lord says, another Time. 

Mr. Sharpe says (according to his Remembrance and Belief) 
there were Concessions mutually made on each Side; why so 
my Loi'd says in his Answer; but, tho' we most precisely in- 
terrogate him by our Bill, and particularly demand that he 
should instance what one Thing we insisted on, that he agreed 
to? Or what one single Thing which he insisted on, we did not 
agree to? We are so unfortunate, that neither from my Lord, nor 
his Solicitor, can we obtain the least Answer what those Con- 
cessions were? And Mr. Sharpe must forget, (he seems to have 
forgot, even whilst penning his Deposition) that the Meetings 
he was at were to give Orders for preparing the Deeds, so that 
the Bounds and Limits had been all agreed to and settled, before 
ever he was called into the Matter; and that was not the Time 
for making Concessions to each other, upon the Merits of the 
Agreement, when Mr. Sharpe came in to the Affair; and, if he 
does not mean Concessions in that Sense, he at best but trifles. 

As to the rest of Mr. Sharpe's Deposition it confirms that of 
Paris, and particularly as to my Lord's own drawing of the 
Lines upon his own Map, his giving a Paper of Notes, &c. 

There's one Observation more to be added ; Mr. Sharpe says 
that Paris -seemed more pressing to forward the Agreement than 
my Loi'd, and so says Paris also; and there were two Reasons 
for it. 1. My Lord himself, as it is plain, wanted Time, to hear 
from America. And 2. Paris, by Experience, would advise every 
one, who has any thing to do, in Concurrence with Mr. Sharpe, 
to do it all by themselves, if they desire it should be done 
speedily. 

The Paper of my Lord's Notes, of his own Hand Writing, now 
(happily for us) brought to light again, does most grossly fal- 
sify my Lord's Answer. We had most particularly in our Bill 
charged that Paper, and, speaking of the extravagant Pretension 
of his Commissioners, that the Circle was only to be two Miles 
from Newcastle, we had charged that it appeared, by his own 
written Notes or Proposals, in two several Places of the same, 
that he himself, not only agreed, but proposed, under his own 
Hand, that the Circle should be twelve Miles distant from New- 
castle, and, a second Time, 12 Miles from Newcastle. He has 
the unusual Daring, notwithstanding so precise a Charge, to 
deny, upon his oath, Fol. 362. that he ever meant or intended 
that the Circle should be such an one as that the Semi-Diame- 
ter should be twelve Miles. I never saw so gross a P y; I 

must now call it by that flat Term. 



BOUNDARY QUESTION. 759 

And if Mankind are at Liberty to swear away thus their own 
Agreements, and their own Hand Writings, there is no such 
Thing as dealing with theim 
John Sharpe, [Lib. F. Fol. 14. Int. 6. Fol. 45.] 

Saith that he hath looked upon the said Parchment Writ- 
ing, now also produced, marked with the Letter (Gr) and pur- 
porting to be Articles of Agreement, between the said Defendant 
and the Plaintiffs, and that this Deponent was concerned for 
the Defendant, as his Sollicitor, in preparing and settling of 
the Draft of the said produced Parchment Writing or Articles 
of Agreement marked (Gr) ; but saith that he this Deponent was 
no otherwise concerned in forming and making the said Plan, 
or Map, printed or stamped on the same, than by once going 
to the said Mr. Senex, the Person who was agreed upon by all 
the Parties to engrave the same, to let him know that the said 
Lord Baltimore desired that he would prepare the same, as 
well on his the said Lord Baltimore's Behalf, as on Behalf of 
the Plaintiffs: and that, to the best of this Deponent's nOw 
Remembrance and Belief, this Deponent attended the said Mr. 
Senex, but once, in relation to the engraving the said Plan or 
Map; and that he the said Mr. Senex was, principally, attended 
thereon by the said Mr. Paris, the Plaintiffs Sollicitor, on Be- 
half of the said Plaintiffs, as this Deponent believes 

So that he was with Mr. Senex twice, at least ; once, to de- 
sire him to prepare the Map. And, at least once, in re- 
lation to the engraving it. 
He does not mention a Word about Mr. Senex's opinion, one 
way or other; tho' my Lord, in his own Answer, admits 
Mr. Senex did give his Opinion in Wrtiting upon the 
Draft of the Articles. 
Mr. Sharpe likewise omits to mention his own laying the 
Draft before Serjeant Wynne. 
The same, [Int. 7. Fol. 48. ] 

That the first Draft of the said produced Articles marked 
with the Letter (Gr) was prepared on Behalf of the Plaintiffs, 
by the said Mr. Paris, their Sollicitor, as this Deponent verily 
believes; the same having been delivered to this Deponent by 
the said Mr. Paris, as prepared by him; and this Deponent 
saith that there Avere several Alterations made, in the said 
Draft, after the same was so prepared by the said Mr. Paris as 
aforesaid, some of them by the Plaintiffs or their Agents, and 
others by the Defendant or his Agents ; [in the plural Num- 
ber] but this Deponent saith that the Clause, in the said pro- 
duced Articles, relating to the making the said Agreement 
void, if, for want of a sufficient Quorum of the Commissioners 
not attending from time to time, the Lines, thereby directed, 



760 PENNSYLVANIA AND MARYLAND 

were not run, within the Time thereby limited, and, for the 
Parties, whose Commissioners made such Default, forfeiting 
5000/, was one of the said Alterations, and was, to the best of 
this Deponent's now Remembrance and Belief, proposed by 
the said Mr. Paris, on the Plaintiffs Behalf, and agreed to by 
the Defendant, as what appeared to be for the mutual Benefit 
and Advantage of both Parties: and saith that, to the best of 
this Deponent's now Remembrance and Belief, there was not 
any Objection made, on either Side, to the said Alteration or 
any material Objection to any other of the Alterations, that 
were proposed by either Side, to be made to the said Draft ; all 
the Alterations which were so made, being considered, by each 
Side, to the best of this Deponent's now Remembrance and 
Belief, reasonable and necessary. 

Here ends Mr. Sharpe's whole Account of the Treaty, and 
the Articles of Agreement. 

But he is succeeded by a Gentleman who really knows less, 
but speaks more, by a great deal, than Mr. Sharpe. 

Samuel Ogle, [Lib. G. Fol. 218. 1st original Int. Fol. 218.] 

That he has been well acquainted with the Defendant in this 
Cause upwards of 20 Years, and saith that he hath seen the Plain- 
tiffs in this Cause once, but is not well acquainted with them. 
He is sworn to speak the whole Truth, so I suppose he saw 
the Plaintiffs but once, and we shall see how much he 
knows their Hearts, at first Sight of their Faces. 

The same, [Int. 13. Fol. 219.] 

That the Defendant, the Lord Baltimore, about the Year 1730, 
frequently mentioned to this Deponent, that his Governor of 
Maryland had many Complaints to him, of Encroachments being 
made on the Province of Maryland, by the People of Pensilvania, 
countenanced by the Governor of Pensilvania, that the Defend- 
ant was resolved to take some legal Course with the Proprietors 
of Pensilvania to put a stop to the said Encroachments, since 
they would not do any thing by fair means ; (*1. ) and, some time 
after, this Deponent went to Ireland, and staid there some time, 
and after his Return from Ireland, and in the Year 1731, en- 
quired of the Defendant concerning his Suit, relating to the said 
Affair? Whereupon, the Defendant, then, informed him, that 
the Proprietors of Pensilvania had applied to settle the Dis- 
putes aforesaid amicably, by a Treaty; and that, in the Year 
1731, this Deponent casually meeting the Defendant, he ac- 
quainted this Deponent that he was, that Evening, to meet the 
Proprietors of Pensilvania, at the Bedford Head Tavern, near 
Covent Garden in London; and the said Defendant then de- 
sired this Deponent to be with him, at the said Meeting; and 



BOUNDARY QUESTION. 761 

saith that he was present, at the said Meeting, and that the 
Plaintiffs and the Defendant were also all then present; and 
that,at the said Meeting', it appeared to this. Deponent, that the 
Defendant was very ignorant of the Subject Matter in Dispute; 
and that the Plaintiffs took great Pains to persuade the defend- 
ant that they were equally ignorant and that, on the defend- 
ant's shewing his Ignorance, in relation to a Map or Plan of 
Maryland and Pensilvania which lay on the Table, one of the 
Plaintiffs said, my Lord, we are all ignorant alike, (*2. ) . And 
what we do is a good deal in the dark, but it may be as well for 
one Party as the other, and what we are doing is for the sake of 
Peace, (*3) or Words to that Effect ; And this deponent further 
remembers that, at the aforesaid Meeting, the Plaintiffs insin- 
uated to the defendant, that thev, the Plaintiffs, were sensible, 
what they were doing, would be contrary to the Opinion of 
their, the Plaintiffs. Friends in Pensilvania, and Particularly 
to Mr. Logan, and that, they were told, some of the richest and 
best peopled Lands in Pensilvania would, by the Treaty they 
were then upon, fall to the Defendant; (*4.) All which he, 
the more particularly remembers, because, it made a great im- 
pression upon him at the time, and caused him then to think 
that the Plaintiffs were great Masters of the Art of Dissimula- 
tion (*5. ) And, when he came to America, and found how dis- 
advantageous a Bargain the defendant had afterwards made, and 
the great Rejoicings in Pensilvania, (*6) upon the Account of 
the Agreement entered into between the Plaintiffs and the De- 
fendant, this Deponent often reflected on what passed at the 
Meeting aforesaid, and recollected the several passages of the 
Dissimulation of the Proprietors of Pensilvana, in the Transac- 
tion aforesaid. And what made this Deponent further reflect 
upon what passed at the Meeting aforesaid was, upon reading 
the Copy of the Bill exhibited in this Cause, he found it 
therein insinuated, as if the Defendant was assisted by this 
Deponent his Governor in the making of the Articles in the 
Bill aforesaid, which really is untrue; for that this Deponent 
neither did. nor could, give any Assistance to the Defendant 
in the Affair, because he then was really unacquainted with 
the Nature of the Dispute, and was not present at any other 
Meeting, than that before mentioned, as he can recollect; and 
further saith, that he cannot recollect any other Substance of 
the Proposals, Objections or Observations, which were made 
use of at the Meeting aforesaid, than what he has before de- 
posed and declared. 
The same to the last Gen. Int. Fol. 244.] 

That he knows (*7) the Defendant, at the time he entered 
into the Agreement mentioned in this Cause, was wholly un- 



762 PENNSYLVANIA AND MARYLAND 

acquainted, and ignorant, of the Boundaries ot the Provinces 
of Maryland and Pensilvania, and every thing (*8) relating 
thereto, and was very ill informed thereof (*9) from Maryland. 
1. This Person, whatever he is for a Governor, is yet a very 
bad Witness for my Lord; for he knows abundantly too much 
for any mortal Creature to be capable of knowing. But the Heat 
of his Zeal hath transported him beyond his Discretion, and he 
has, unwittingly, added to our Proof, that the Treaty was 
began at the Request of my Lord. We charge by our Bill that 
it was so. My Lord utterly denys it, and says we sollicited him 
to it. Nay, he is profuse in the Use of his Words, we frequently, 
repeatedly, and earnestly made Applications to him; but how? 
Where? When? By what means? Did we apply by any Friend 
to him, who was the Person employed? Did we write any Letter 
to him, where is the Letter? my Lord begs to be excused from 
telling any one Particular, or proving any one Particular, of 
our frequent, repeated, and earnest Applications to him. (Just 
in the same manner as about the Concessions; which he tells 
us also, in general Terms, that he made to us.) He says we 
desired the Treaty. But Paris proves that my Lord began it, 
and he gives the Particulars of it, and withall a very strong 
Circumstance for his remembering it, as he considered that 
that Agreement with my Lord, might contribute to another 
Agreement, he had been long laboring to bring about, for his 
then Client William Penn, the Heir at Law. But this is, yet, 
only one Witness against my Lord's Answer. But now, how 
strongly does Mr. Ogle confirm it? He swears, my Lord told 
him, that we would not do any thing by fair means, and there- 
fore, my Lord was resolved that he would take a legal Course, 
and so, I suppose he did, for, afterwards, Ogle enquired of him, 
what was become of his suit? Now, my Lord could not say we 
would do nothing by fair means, unless he had tried fair means. 
And that is the very Account, which Paris gives; That my 
Lord first desired the Treaty; That, at ths two first Meetings, 
the Plaintiffs thought his demands too high, and would not 
agree to them ; That the Treaty broke off thereupon, and my 
Lord immediately, on 1 July 1731, presented a Petition to the 
King. So here are, now, two Witnesses that my Lord began the 
Treaty. Nor will the Matters rest here, (Paris being a little 
more cautious of what he swears to, than the Defendant seems 
to be) my Lord in his Answer can't remember the particular 
Days he met, but admits several Meetings were had between 
the 11th June, 1731, and 10th May, 1732. Let us next see the Pe- 
tition which my Lord presented to the King, on the first of 
July, (when, as Paris says, the Treaty was broke off) and that 
Petition, being a written Paper, will not lie for either Side. 



BOUNDARY QUESTION. 763 

Why his Petition sets out the Charter of Maryland to his An- 
cestor, and the Charter of Pensilvania to Mr. Penn; That sev- 
eral Disputes had arisen, about the Northern Bounds of Mary- 
land, and that frequent Application had been made to the 
Crown, to ascertain the same, in the Years 1685, 1708, and in 
1720, and divers Letters and Orders had been sent from the 
Crown, for that purpose, but they had hitherto, had no Effect ; 
That, by Reasons of those Disputes, very great Numbers of his 
own Tenants refused to pay any Rents, or submit themselves 
to his Government, which occasioned frequent Disputes; and 
now, upon this Case, which he made, what was his Prayer? 
Why, that the King would order the Pensilvania Proprietors, 
to join with him, in settling the said Boundaries; and, if they 
refused to comply thei'ewith, or that the same should not be 
settled within a Twelve month from that time, that then, the 
King would hear the Matter in dispute, and make such Deter- 
mination as to him should seem meet. 

I think it is impossible to give a stronger Proof than this, 
that it was my Lord that wanted and desired the Agreement, 
for those very strong Reasons which he gives in his Petition, 
and could not then get us into his Terms, and therefore peti- 
tioned the King, to order us to agree, in order to terrify the 
Plaintiffs, by the Expenceof a new Application in Council, into 
an Agreement, he so much wanted; and, of which his new peti- 
tion (as Paris says) he immediately sent Mr. Penns a Letter, 
that he had made such an Application, which answered his De- 
sign and brought round the Meetings again. 

But, even this is not all our Proof; for what says Serjeant 
Wynne, my Lord's standing Council for his Maryland Affairs? 
Why he says this; That he was requested, by the Defendant, 
to meet the Plaintiffs, or their Agents, to try if they could come 
to any amicable Agreement, touching the Boundaries in Dis- 
pute, That he was, accordingly, present at several Meetings, 
and the Parties did, at length, come to some Agreement; He 
say-s that this was requested of him, by the said Defendant, as 
near as he remembers, about May, 1731 or 1732. And it must be 
May, 1731, for my Lord himself owns the Draft of the Agreement 
was prepared, and delivered over, 9 Months before May, 1732, 
namely, in August, 1731. 

So that, here is a pretty good Outset. Three Witnesses, of 
which my Lord's own Council (whom he did not dare to ex- 
amine) and his Governor, are two, and my Lord Baltimore's 
OAvn written Petition to the King, to falsify the first Fact in 
his Answer, which relates to the Agreement, and to prove that 
the Treaty really was begun at his own Request. 

And, if this is so, there are a Number of trifling Incidents 



764 PENNSYLVANIA AND MARYLAND 

that fall along with this Fact; for if he would desire, and at 
last oblige us, (by a new Application in Council the Expenee 
whereof we had declared a Dread of) to come into an Agree- 
ment, shall he now say, he had not lookt into all his Maps, or he 
did not know his Right? 

2. Mr. Ogle makes the Plaintiffs to have said, that they were 
as ignorant as my Lord. They have proved that they must be 
so; for it is in Evidence that they were never in America before 
the Agreement, and they could only have Maps from their 
Agents, as (now it's proved) my Lord had from his. 

3. He also makes the Plaintiffs to have said, that what they 
were agreeing to, was for the sake of Peace. And if you please 
to recollect what a very large District we have granted to my 
Lord, beyond the most extravagant of any his former Preten- 
sions, it must plainly appear that it was for the Love of Peace, 
or through Inability for War (and indeed both those were their 
Reasons) that they should make an Agreement, so very disad- 
vantageous to themselves. 

4. He makes the Plaintiffs to have said, that they had been 
told, that some of the richest and best peopled Lands in 
Pensilvania would, by that Agreement, fall to my Lord. 
They certainly were told so, and did say they were told so ; 
And has any Mortal contradicted them ; I am sure I see not 
a syllable to the contrary. And heartily wish my Lord would 
have mentioned that Fact in his Answer, and so have put it in 
Issue; In which Case, we should have, most abundantly, proved 
that our Town of Nottingham (the most valuable Spot in our 
whole Province, (which Mr. Logan mentions to have been so 
cautious in granting out) is, by this Agreement, through the 
Misinformation of our Surveyor who laid out that Tract, really 
fallen on my Lord's Side of the Line, into his Manors of New 
Munster and Talbot, as we now find to our Sorrow, upon run- 
ning the Line for temporary Jurisdiction which was ordered by 
the King in Council, pending this Suit. 

5. Mr. Ogle, it seems, then, at first sight, thought the Plain- 
tiffs great Masters of the Art of Dissimulation. But why so? 
He swears he could not help my Lord in the making of the 
Articles (which, by the way, he was never charged with; that 
being a wilful Mistake of his) for that he himself then was 
really unacquainted with the Nature of the Dispute (those are 
his Words) ; How then could he tell how much, or how little, 
the Plaintiffs knew ; whether they said true, or dissembled ; 
whether they did know a great deal, or were, as they pretended 
to be, really ignorant, of Matters, relating to a Dispute, which 
this Man swears he himself, did not so much as understand the 
Nature of? 



BOUNDARY QUESTION. 765 

6. He does not expressly say, that there were Rejoicings in 
Pensilvania at the Agreement (nor no Mortal ever heard of any 
such thing) but, when he found the great Rejoicings in Pen- 
silvania, why then he reflected so and so. 

7. We come now to remark on three Facts, not believed or ap- 
prehended by this Governor Ogle but sworn to, absolutely and 
positively, in the strongest manner that Words can express : He 
knows the Defendant.(and when too? why at the Time of enter- 
ing into the Agreement, which was almost a Year after the 
Treaty) was wholly unacquainted and ignorant of the Bound- 
aries of the Provinces of Maryland and Pensilvania, and of every 
thing relating thereto, and was very ill informed thereof from 
Maryland. If this were true, he makes bis Principal an Idiot 
and a Natural; but this rash Governor, out of his Over-Zeal for 
his Principal, and to curry Favour with him to continue in his 
Government of 1500?. per Annum, has sworn positively what no 
Human Creature can know, or can possibly swear, with an 
honest Conscience. And it happens, unfortunately for Gov- 
ernor Ogle, that he has sworn, what he had not so much as a 
Chance to have it happen to be true, but what is absolutely 
false, and proved so most notoriously. For, to take one or two 
strong Instances only, (and the first of which came manifestly 
from Maryland too) my Lord owns he delivered over his new 
Clause, about the Line which run up the Peninsula South and 
North's intersecting of Navigable Waters; did he, by Chance, 
•or Accident, draw that new Clause, of his own Hand, or was 
it thro' some Acquaintance and Knowledge, of the Boundaries, 
which was one thing relating to the Bonndarv? But here is 
a stronger Instance, and an earlier Instance than that, that he 
most certainly did know some thing relating to his Boundaries ; 
for here are his own written Proposals and Descriptions under 
his own Hand, containing a whole Sheet of Written Directions, 
where, and from whenee, and to what Parts, and how, all and 
every one of the Bound Lines should run, which are absolutely 
impossible to have been drawn up by a Person wholly unac- 
quainted and ignorant of every thing relating to the Bound- 
aries, which, yet, this most rash Witness swears positively that 
my Lord was; so that one must be very precise with this Wit- 
ness, and his Master too, who can thus swear away what is 
under their own Hand Writings. 

* William Barnes, the Defendant' s Witness only, [Lib. G. fol. 
181. Int. 14. fol. 183.] 
That he is acquainted with several of the Places named in 
the printed Plan, but knows nothing of the Situation of Cape 
Henlopen ; saith he hath reason to believe the Plaintiffs were 
privy to some Mistake in the Map or Plan, on which the Art'- 



766 PENNSYLVANIA AND MARYLAND 

cles in Question in this Cause were founded, before the Execu- 
tion of the said Articles ; and the Reason of such his Belief was, 
that he being, with some of his Neighbours, (viz. John Holiday 
and James Morris) in Company with Messrs. John and Thomas 
Penn, two of the Plaintiffs, at Philadelphia, some time after 
the arrival of the said John Penn, a Conversation arose, con- 
cerning the Articles of Agreement aforesaid, in which Con- 
versation this Deponent acquainted the said Plaintiffs, that he 
had heard, in Maryland, that the Lord Baltimore was imposed 
upon, by some Mistakes or Errors in the said Plan; whereupon 
the said John Penn replied, he did not know, but it might be 
an unjust Plan, but if it was, it was a Plan of his the Lord Balti- 
more's own chusing; that they, the Planitiffs, offered him a 
Plan, which they believed to be just, and which he had under 
his Consideration, some time, but the Lord Baltimore refused 
to take the Plan the Plaintiffs offered him, and took one, which 
he supposed, was procured by the Lord Baltimore's Friends. 
This Witness has proved his holding Lands under the Plain- 
tiffs in the Lower Counties; and proves nothing, from 
this, which fell, many Years after, in private Conversation, 
from Mr. Penn, but that Mr. Penn said he did not know 
but my Lord's Plan might be unjust. Nor he certainly, 
did not, but was really as ignorant, as he pretended, and 
could not possibly know any thing of the matter, having 
never been in America, to gain any Knowledge, unless 
his Birth, and staying there to a Year and half old, could 
have given it. 
But even this poor Account is very much varied and softened 
by the next Witness my Lord examined, who was present 
at the same Discourse with Mr. Penn, and relates it in a 
fairer manner. 

John Holliday, the Defendant's Witnesses only, [Lib. G r oL 
170. 9th add. Int. fol. 176.] 
That he hath heard John Penn one of the Plaintiffs, say, 
that, after the Draft of the Original Agreement made between 
the Parties in this Cause was drawn, the Defendant, the Lord 
Baltimore, had the said Draft a long time, for his Perusal ; and 
he this Affirmant was present, when one William Barnes men- 
tioned to the said John and Thomas Penn, that, it was sug- 
gested, there was some Mistake, in the Plan or Map to the said 
Articles; to which the said John Penn then said, if there was 
a Mistake, it was taken from a Plan or Map done by the Lord 
Baltimore's own People of Maryland; and does not remember 
to have heard the said John Penn say any thing more of the 
Truth, or Falsity, of the said Map or Plan. 



BOUNDARY QUESTION. 767 

38. 

Now we come to the Defendant's Proofs of what passed 
during the Time the Commissioners met in order to have 
executed the Articles. 

Samuel Ogle, the Defendant's Governor, [Lib. G. fol. 218. Int. 
15. fol. 231. ] 
That he was one of the Commissioners appointed on the behalf 
of the Defendant, to settle the Boundaries between the Province 
ot Maryland, and Province of Pensilvania, pursuant to the 
Agreement in question! and that the Persons appointed Com- 
missioners with this Deponent, on the Defendant's behalf, on 
that occasion, were Charles Calvert, Philemon Lloyd, Bejamin 
Tasker, Matthew Tilghman Ward, Richard Bennet,and Michael 
Howard. Saith that he is no way interested in the Event of this 
Cause, nor shall be any ways prejudiced, or benefited, by the 
Determination thereof ; that this Deponent, or any other of the 
Commissioners aforesaid, to his Belief or Knowledge, (before 
the Doubt arose amongst the Commissioners concerning the 
Centre and Dimensions of the Circle to be run) never did ad- 
vise, persuade, intreat, desire, or by any means endeavour, to 
prevail upon the Defendant to fly from, or endeavour to avoid, 
the Agreement in Question in this Cause; nor make any Pro- 
posals, Declaration or Promise, by word of Mouth, or in writing, 
or otherwise to the Defendant, in order to influence or induce 
him, to evade the said Agreement; and that this Deponent be- 
lieves he often mentioned to the said Defendant the Disadvant- 
ages arising to him, by the said Agreement; but, whether, before 
the Doubts arose about the Centre and Circle, he is not certain. 
That he never had, nor does not know of any Conference that 
the other Commissioners ever had, with the Defendant, (before 
such Difference in Opinion arose amongst them and the other 
Commissioners) in order to contrive or consider how to evade the 
said Agreement, or for any such like purpose. That he did not 
propose, or receive, any Advantage, to himself, or knows of any 
Advantage, that any of the other Commissioners proposed, or 
received, to themselves, by the Agi'eement not being carried 
into execution. Saith that he had a Warrant for about 5000 
Acres of Land, within the said Province of Maryland, during the 
time of the Commission for carrying the said Agreement into 
Execution was in force, which had not been taken up; but 
knows not that any other of the Commissioners had Warrants 
to take up any Land. And this Deponent apprehends that the 
carrying the said Agreement into Execution would have been 
an Advantage to this Deponent, in laying out of the Land in 
the Warrant mentioned; because, by that means, the Land, 



768 PENNSYLVANIA AND MARYLAND 

upon the Line, would have become more valuable, and the 
Warrant might have been disposed of to greater Advantage; 
whereas, because the Lines were not run, no body cared to 
meddle with the Lands in dispute, but they were chiefly inhab- 
ited by loose idle Persons, who paid neither Rent or Taxes, to 
either Government, and that the Disagreement of the Commis- 
sioners about the Sense of the Articles in question, was the Oc- 
casion of their not being carried into Execution, as this Depon- 
ent apprehends. 

Benjamin Tasker, the Defendant's Witness, [Lib. G. fol. 290. 
Int. 15. fol. 293.] 
Saith he was one of the Commissioners appointed on the be- 
half of the Defendant for settling the Boundaries between the 
Provinces of Maryland and Pensilvania, pursuant to an Agree- 
ment between the Plaintiffs and Defendant, and that his Ex- 
cellency Samuel Ogle Esq; Charles Calvert, Philemon Lloyd, 
Michael Howard, Richard Bennet and Matthew Tilghman Ward 
Esqrs; were joint Commissioners with this Deponent on that 
Occasion ; and that he is no manner interested in the Event of 
this Cause; that neither he, or any other of the said joint Com- 
missioners with him, or any other Person, to his Knowledge, 
at any Time (before the Doubt arose among the said Commis- 
sioners at their Meetings, concerning the Center and Dimen- 
sions of the Circle to be run, in pursuance of the Agreement 
aforesaid) did advise or perswade,or by any other means, endeav- 
our to prevail upon the Defendant, to endeavour to avoid the 
Agreement, in question, in this Cause, or make any Proposal, 
Declaration, by Word of Mouth or in Writing, to the Defend- 
ant, in order to influence or induce him to evade the same, or 
represent any Advantage, or Disadvantage, that would arise 
therefrom to the Defendant; that he neither proposed or to 
himself, and does not know that any other of the Joint-Commis- 
sioners appointed with this Deponent aforesaid did propose or 
receive, any Advantage, to themselves, by the Agreement's not 
being carried into Execution. That he had no Warrant for 
taking up Lands within the Province of Maryland aforesaid 
during the Time the Commission aforesaid was in Force, but 
hath heard, that the present Governor of Maryland, and Charles 
Calvert aforesaid, each had Warrants for about 5000 Acres of 
Land; which he has likewise heard were located, during the 
Commission aforesaid, very far to the Southward of the Dis 
puted Bounds, upon Lands of very little Value. That he 
knows of no other Cause, that obstructed the carrying the 
Agreement aforesaid into Execution, but the Disagreement of 
the Commissioners upon the Construction of the Circle afore- 
said. 



BOUNDARY QUESTION. 769 

John Ross, the Defendant' s Witness only, [Lib. G. fol. 303. Int. 

15. fol. 308.1 
That he was one of the Commissioners apointed by the Gov- 
ernor of Maryland on the behalf of the Defendant, in the Room 
of Charles Calvert Esq., deceased, for executing the Articles in 
question in this Cause, and that his Excellency Samuel Ogle 
Matthew Tilghman Ward, Benjamin Tasker, Michael Howard, 
Edmund Jennings and James Harris Esqrs; were Joint Commis- 
sioners on that Occasion, with this Deponent, and saith that 
he is no manner interested in the Event of this Cause, and that 
he this Deponent never did, nor does he know that any other 
Person did, advise or perswade the Defendant to endeavour 
to avoid the Execution of the Agreement aforesaid, nor does 
he know of any Meeting had, by any of the Commissioners, 
with the Defendant, for that purpose ; and that he neither pro- 
posed, or received, any Advantage to himself, nor does he know 
that any other of the Joint Commissioners with this Deponent 
proposed, or received, any Advantage to themselves, by the said 
Articles of Agreement's not being carried into Execution ; saith 
that he had no Warrant to take up Lands in the Province afore- 
said, during the Time the Commission aforesaid was in Forc«, 
but his Excellency the Governor aforesaid had, to the best of 
his Remembrance, during that Time, a Warrant to take up 
about 5000 Acres of Land, in the Province aforesaid, and that 
the same was, as this Deponent has heard, located in Ann 
Arundel County, about 18 Miles from Annapolis aforesaid, and 
that the carrying the said Agreement into Execution, would 
have been no Disadvantage to the Effect of the said Warrant : 
and that he believes the Difference in Judgment among the 
Commissioners on the behalf of the Plaintiffs and the Defend- 
ant, about running the Circle round Newcastle, prevented the 
carrying the Articles in Question into Execution. 

The Defendant had, in all, ten Commissioners, of which he 
chose to examine only two of those seven who were origin- 
ally appointed, and Ross for a third, who was only ap- 
pointed at the latter End of the Affair, and met on 3d 
September, 1733, for the first Time. 
All of them swear, on my Lord's own Examination of them 
again, that the reason, why the Articles were not carried 
into Execution, was, the Difference in Opinion between 
the Commissioners. 
So that the Pretence of waiting an Hour, on 3d February 

1732, for our Commissioners, is out of the Case. 
It's very observable that Governor Ogle swears he has read 

the present Bill. 
In that Bill we had charged, generally, that my Lord and 
49— Vol. XV. 



770 PENNSYLVANIA AND MARYLAND 

his Commissioners did contrive to avoid executing the 
Articles. 

And surely, Hugh Jones's own Account, of my Lord himself 
ordering him to post up, on the Borders, and to send to 
his Friends, in the Lower Counties, the printed Advertise- 
ment of 21 March 1732, pending my Lord's own renewed 
Appointment of the 15th of February for the Commission- 
ers to meet at Joppa on the 7th of May then following, 
amounts to Demonstration. 

Well, but Mr. Ogle affects to answer the Charges in the Bill ; 
wherefore, only himself and Tasker, two of the seven orig- 
inal Commissioners, are to be examined ; with the Addi- 
tion of Mr. Ross, who came in, as aforesaid, quite at 
the End of the Affair. 

But what a Contrast there is, between those two old Com- 
missioners who were in the Secret, and Mr. Ross, who 
came in late, and was not in the Secret? 

Mr. Ross denies generally, and honestly, that he knows of 
any such Contrivance at all. 

But what say Ogle and Tasker? Why they most absolutely, 
deny, at first, any such Contrivance used before the Dif- 
ference arose between the Commissioners about the Center 
and the Dimensions of the Circle. Why that happened 
in October, 1732. So that here is a Negative pregnant. 

But it does not rest here, for, in the same Breath, Mr. Ogle 
owns, he did often mention, to the Defendant, the Dis- 
advantages arising to him from the Agreement, but 
whether he did so, before those Doubts arose about the 
Center and Cirale, he is not certain. 

Again, he denies, in the self same manner, any Conference 
with the Defendant, in order to consider how to evade 
the Agreement, at any Time before the said Doubts arose. 
Why it was impossible he should have any before; for 
f the Doubts arose in October, and my Lord swears he did 
not arrive there till 14 November. But is this an answer- 
ing of the general Charge in our Bill? 

Well, we had again charged that my Lord's Commissioners, 
whom he appointed to execute the Articles, were pos- 
sessed of Warrants, at large, for great Quantities of Land. 

My Lord denies that he knows, believes or ever heard, of 
any such a Matter. 

Yet, with this short Examinations, it comes out, affirma- 
tively, that Ogle and Calvert, two of his Commissioners, 
had. each of them, Warrants for 5000 Acres, or more, dur- 
ing the Commission. And I suppose that's the Reason 
thev examined no more of their Commissioners. 



BOUNDARY QUESTION. 771 

I observe Mr. Ogle (who must best know) does not pretend 
that his Warrant is located; but the two others are made 
to say, that they have heard (not that they believe it) 
that Mr. Ogle's Warrant is located. 

Mr. Ogle apprehends (which is not a legal Word for a Wit- 
ness upon Oatli) it would have been an Advantage to 
him, to have had the Articles executed ; for then the 
Lands, just upon the Line, might have been more valua- 
ble; but nobody else can apprehend so, even if such Lands 
had been vacant, which they are not; for their own Wit- 
nesses tell us they are surveyed already, into large Manors, 
New Minister, and Talbot Manors, which extend part of 
them above the Line. And surely, the larger Field a Man 
has to chuse out of, the better Land he may help himself 
to, especially, in the case of this Governor, who, so 
gravely contended, that wherever a Maryland Warrant is 
located, the Place ipso facto becomes a Part of Maryland. 

Mr. Ross, in endeavouring to add to, takes off from, the little 
force there was before ; for he says that he has heard that 
executing the Agreement would have been no disadvan- 
tage to the Effect of the Warrant; why, no to be sure; 
the Effect of the Warrant was, to grant him 5000 Acres 
at large. And that Effect is equally answered, by laying 
them out in one Place, or in another. So that, it is plain, 
these People are quibbling, and disguising the Truth, in- 
stead of speaking out fairly and openly. 

39. 

Hugh Jones, of Maryland, Clerk, the Defendants Witness, {Lib. 
G. fol. 4. Int. 8. fol. 13.] 
Says the Paper Exhibit No 2. is a Copy of a Question and 
Answer, [about the Circle] and that his Name and Mr. Runi- 
sey's, subscribed to the Original of the same, were 1 of their Hand- 
writings ; and says that he and Rumsey were appointed, on 
Friday 2d February, 1732, to attend the Governor of Maryland 
and the other Maryland Commissioners; and the said Governor 
of Maryland, the same Day, acquainted the Deponent there had 
been Disputes between the Commissioners, on each side, con- 
cerning the Terms mentioned in that Question, and that they 
had agreed to take the Opinion of Surveyors on each part. And, 
then, he proposed the said Question, to be answered by the De- 
ponent and Rumsey, which they did, in the manner mentioned 
in the Exhibit. The Original of which Exhibit was, the next 
Morning, delivered to the Governor of Maryland. And the 
next Day, being Sunday, the Deponent was obliged, and ac- 



772 PENNSYLVANIA AND MARYLAND 

cordingly left the Commissioners on Saturday, to attend his 
Cure in Maryland. 

William Rumsey, of Maryland, the Defendant's Witness, [Lib. 
G. fol. 129. Int. 8. fol. 134. ] 
Also proves that this is a Copy of the Question put to, and 
the Answer signed and given by Mr. Jones and himself, and 
delivered to the Governor of Maryland on 3d February. And 
says he also, on that Day, returned homeward, but does not 
remember any particular Business required it. Says he was 
acquainted with Robert Charles, and has seen him write, and 
believes his Name subscribed to the original Paper was his 
Hand. 
Note. 

How very natural it would have been, for either of these 
two Gentlemen, to have said one Word that he believed, 
or he judged, or thought, that was a Right Opinion on 
the Question; but they do not say a Syllable of that sort, 
and indeed, it was a most shameful Answer they gave. 

Benjamin Tasker, of Maryland, the Defendant's Witness, [Lib. 
G. fol. 290. Int. 8. fol. 291.] 
Proves the said Exhibit is a true Copy, and that he has ex- 
amined and compared it with the Original, and he believes the 
Name of Robert Charles, subscribed to the Original of it, was 
of Charles's Hand writing, who was one of our Commissioners. 

John Boss, of Maryland, the Defendant's Witness only, [Lib. G. 
fol. 303. Int. 8. fol. 304.] 
Proves also that the said Exhibit is a true Copy, which he 
has examined and compared with the Original. 

So that here is — great Caution to prove only a Copy of this 
curious Paper, which the Governor of Maryland keeps the 
Original of, and does not produce, and which the two 
Persons who framed that Original, are ashamed to say 
that they themselves thought to be a true or right Answer 
to the Question proposed to them about the Dimensions 
of the Circle; altho' they swear to their Opinion about 
the Extent of my Lord Baltimore's Charter. 

40. 

My Lord cross-examined two of our Witnesses to prove the 
Extent of Newcastle Town. 

Elizabeth Morris, [Lib. H. fol. 26. Int. 6. fol. 28. ] 

She has been at Newcastle Town, but has taken so little Notice 
of it, that she can give no Account of its Extent, either as to 
Length or Breadth. 



BOUNDARY QUESTION. 773 

Thomas James, a Pilot, aged 49, [Lib. H. fol. 12. Int. 6. fol. 16.] 

Is acquainted with the Town of Newcastle, situated in one 
of the three Lower Counties, but knows not in which, being 
unacquainted with the Divisions thereof. He believes the said 
Town, in its Buildings, is about half a Mile in Length, and 
half a Mile in Breadth, but whether the Limits of the Town 
extended beyond the Buildings of it, or not, does not know. 

41. 

Samuel Ogle, the Defendant's Governor, [Lib. G. fol. 218. Int. 
17. fol. 237.] 
That the first Time the Defendant had any Account, of the 
Proceedings of the Commissioners, for settling the Boundaries 
of the Provinces of Maryland and Pensilvania, pursuant to the 
Agreement in Question in this Cause, was, after the Defendant's 
arrival in Maryland ; apprehends that the Defendant was not 
privy to, or apprized of, what the said Commissioners did, or 
intended to do, before their first meeting together to execute 
their Commissions. 

Why it was impossible he should ; the Commissioners met. 
6, 7, 30, 31 October, and 1, and 2 November; all that while 
my Lord was on his Passage; for he swears he arrived in 
New England in September, and in Maryland on the 14th 
of the same November. 

The same, [Int. 19. fol. 239.] 

That to the best of this Deponent's Remembrance, when the 
Defendant was first informed of the Difference in Opinion 
between the Commissioners, touching the Circle to be drawn 
pursuant to the Articles of Agreement in Question in this Cause, 
the Defendant declared, he had left the Affair to be settled 
by his Commissioners, as this Deponent believes, that the De- 
claration aforesaid, was agreeable to the Intention of the De- 
fendant. 

The same, [Int. 18. fol. 238. ] 

That he believes that a Letter was wrote, by the Defendant, 
during his stay in Maryland, to the Governor of Pensilvania; 
and that the Purport of the said Letter was to propose a Meet- 
ing of the Commissioners, of the two Provinces at Joppa, after 
the Dispute had arose about the Commissioners of Pensilvania 
not meeting at Newcastle according to Adjournment ; believes 
the said Letter was received by the said Governor, because the 
Commissioners of both Provinces met, according to the Pro- 
posals in the said Letter at Joppa. 

Yes; and pending this Appointment of my Lord's, my Lord 



774 PENNSYLVANIA AND MARYLAND 

himself sends Parson Hugh Jones, his Mathematician, to 
post printed Advertisements on the* Borders of the three 
Lower Comities, to draw off our Tenants. 

A Worthy Action of the Defendant. 

And a Worthy Action to be executed by that Tool of his, 
the Parson, to remove his Neighbours Landmarks, and 
draw off his Tenants. 

42. 

Samuel Hotting sworth, {Lib. H. fol. 29. Int. 1. add. fol. 33.] 

Our Witness, cross-examined, says he has once been at a 
Ferry over Susquehanna River. 

John Musgraoe. our Witness also, but cross-examined, [Lib. H. 
fol. 34. Int. 1. add. fol. 38.] 
Knows something of Susquehannah River. Is not acquainted 
with the mouth of it, but believes it falls into Chesopeak Bay. 
He knows four Ferries upon the said River, some of which he 
believes lie to the Northwards, and some to the Southwards, of 
the City of Philadelphia: But is unacquainted with the lower 
Parts of said River. That the said River is, (where he is ac- 
quainted with it) generally about one Mile wide. Has heard 
that the said River is, sometimes, fordable, both to the South- 
ward and Northward of Philadelphia. 

So that, as long as there are Ferries at this River, that our 
Commissioners were not obliged to swim over it, there 
could not possibly be any other Inconvenience in going 
down to Joppa, in order to fix a Center in the middle of 
Newcastle Town. For this notable Examination is to be 
used to that purpose. 

43. 

Samuel Ogle, {Lib. G. fol. 218. Int. 16. fol. 237.] Benjamin 

Tasker. [Lib. G. fol. 290. Int. 16. fol. 297.] John Ross, 

[Lib. G. fol. 303. Int. 16. fol. 311.] 

All say that the Exhibit markt No. 7. contains a full and true 

Account of the Proceedings of the Commissioners for carrying 

the Agreement in Question into Execution, at their several 

Meetings had for that purpose. Only Mr. Ross speaks to it but 

from 3d September, 1733, that being the first Meeting he was 

present at. 

A very concise way of giving their Account; whereas we 
have proved, by Examination in Detail, what passed at 
every Meeting, upon the 26 several Days; on many where- 
of, the Commissionei"s met twice in a Day, Morning and 
Afternoon; and this is, in Effect, drawing up an Affidavit 



BOUNDARY QUESTION. 775 

(or less) privately, and then swearing, before the Com- 
missioners in the Cause, that that Paper, ready drawn up, 
is true; but which, surely, is not the Way of being exam- 
ined in Chancery. 

Samuel Ogle, [Lib. G. fol. 218. Int. 20. fol. 240.] 

That he was one of the Defendant's Commissioners for exe- 
cuting the Articles, and the Exhibit markt No. 8, and endorsed 
Copies of several Papers exchanged and delivered by and be- 
tween the Commissioners, which he has carefully compared and 
examined with the originals of which they purport to be Copies, 
and thej' are true Copies of the Originals, and believes that 
the Originals, of which the Papers aforesaid are Copies, were 
exchanged and delivered by and between the Commissioners on 
behalf of the Plaintiffs and Defendant ; and believes all the Per- 
sons who subscribed their Names to the original Papers were 
Commissioners on behalf of the Plaintiffs and Defendant ; and 
believes he has seen the Persons whose names are subscribed to 
the Originals write their Names; and that their Names sub- 
scribed to the said Original Papers are of their proper Hands. 
And believes that the original Paper of which the Part of this 
Exhibit mark'd No. 1, is a true Copy, is the Hand-writing of 
Robert Charles, one of the Plaintiffs Commissioners, having 
often seen him write, and received several Letters of his writing. 

Benjamin Tasker, [Lib. G. fol. 290. Int. 20. add. fol. 298. ] 
To the like Effect. 

John Ross, [Lib. G. fol. 303. Int. 20. add. fol. 312. ] 
To the like effect, only he speaks to those only which were 

dated upon, or after the 3d of September, 1733. 

To be sure, where the Defendant's Commissioners delivered 
Papers to our Commissioners, they could only prove Copies 
of those Papers, so delivered from themselves; but, as I 
understand these Depositions, they have not done that; 
for, they have kept in Maryland the original Papers which 
their Commissioners received from our Commissioners, 
and they have also kept the original Copies of the Papers 
which their Commissioners delivered to ours, and have 
sent us only examined Copies of both, over here, as Ex- 
hibits. 

44. 

The Defendant's Proof of his Application for a Orant in 
August, 1734. 

John Sharpe, [Lib. F. Fol. 14. Int. 14. Fol. 52.] 

Knows, and was privy to, the Application, made by the De- 



770 PENNSYLVANIA AND MARYLAND 

fendant, to his Majesty, for a Confirmatory Grant of the 3 Lower 
Counties, after the Execution of the Agreement; and the said 
Application was made by Petition, by the said Defendant, to 
his Majesty in Council, which Petition was presented, in the 
beginning of the Month of August 1734, to his best Remembrance 
and Belief as to the Time; and saith that the Defendant, and 
this Deponent apprehended and believed, that two of the said 
Plaintiffs, as well as Mr. Paris their Agent and Sollicitor. were 
then in England ; but saith that the said Defendant, and this 
Deponent, were, soon after, informed that the Plaintiff John 
Penn had, some short Time before, left England ; but such his 
Departure was in a private manner, and not publickly known ; 
but that one of the said Plaintiffs, and the said Mr. Paris, Agent 
or Sollicitor for all the Plaintiffs, were then, as this Deponent 
believes, in England ; and saith that the Defendant did, (as the 
Deponent verily believes (apprize Mr. Paris, of his the Lord Bal- 
timore's Intention of making the said Application, before he/ 
made the same; and saith that the said Petition being, by order 
of Council, dated on or about 8th August, 1734, referred to the 
Consideration of the Lords Commissioners for Trade and Plan- 
tations, to consider the same, and to report their Opinion 
thereon, the said Petition and Order were, on or about the 28th 
of the same August, to the best of his Remembrance and Belief, 
as to the Time, laid before the said Lords Commissioners; and, 
the very next Day, (as this Deponent verily believes) Notice was 
given, pursuant to their Lordships Directions, to the said Mr. 
Paris, of the said Petition being referred to them. And saith 
that (as he believes) the said Mr. Paris had due Notice of all the 
Proceedings, which were afterwards had, on the said Peti- 
tion, and appeared and attended their Lordships in oppos- 
ing the said Petition, both by himself, and Council, for and on 
behalf of the said Plaintiffs ; and that one of the Plaintiffs, in 
Person, also, attended their Lordships thereon; and Mr. Paris 
presented a very long Petition to his Majesty in Council, on 
the behalf of the Plaintiffs, praying, amongst other things, 
that the said Petition of the said Lord Baltimore, might be 
dismissed. 

Note — It is my Lord Baltimore's Misfortune to have his 
Answer falsified by every one of his Witnesses; for he swears 
(for once) the Truth, at fol. 392. That Paris delayed to lay 
the Plaintiff's Title before the Lords of Trade, from time to 
time,.and at last declined it, or appearing in Support of their 
pretended Right, and only stood by to take notice of what 
past, and what was offered by the Defendant and his Council. 
And to the like Effect is said by the Lords of Trade's Report 
also. 



BOUNDARY QUESTION. 777 

45. 

The Defendant s Proof of Exhibits in England. 

Hugh Hamersley, Mr. Sharpens Clerk, [Lib. F. fol. 57. Int. 12. 
and last fol. 59. ] 
Says that the produced Petitions, No 1. 2. 3. 4. 5. 6. 7. 8. 9. 
are true Copies of the original Petitions, remaining in the 
Council-Office, by him examined with the original Petitions 
there remaining. And that the Papers annext to the said Pe- 
titions, No 1, and No 3, are true Copies of the Papers annext 
to such original Petitions, having carefully examined them. 
And that the Paper- Writings, No. 10. 11. 12. 13. 14. 15. 16. 17. 
are true Copies of original Orders, recorded in the Register- 
Books of the Council -Office, by him carefully examined. And 
that the Paper No. 18, is a true Copy of the original Report 
of the Lords of Trade, remaining in the Council-Office, with 
which he examined the same. And that the Paper No 19, is a 
true Copy of the original Order, whereof it purports to be 
a Copy, having carefully examined it with such original Order 
at the Plantation-Office, as the same remains amongst the 
old Records there; And that the Papers No 20 and No 21, 
are true Copies of the original Papers, whereof they purport 
to be Copies, having examined the same with the original 
Papers at the Plantation Office, as the same remain lodged or 
deposited there. And that the Paper-Writing, No 22, is a true 
Copy of the original Bill signed by Sir R. Sawyer, having com- 
parpd the same therewith, as it remains deposited at the Signet 
Office, Whitehall. And that the Words following (Expedited 
the 16th Day of April, 168°>,- per Moriue) wrote at the foot of such 
Copy, is a true Copy of an Endorsement on such Original. 
And that the Paper-Writing, No 23, is a true Copy of an Entry, 
made and entred in a Book or Register belonging to the Privy 
Seal Office at Whitehall. And knows of nothing else that will 
make for the Defendant's Advantage, except that he has made 
careful and diligent Search and Enquiry at the Rolls-Chappie, 
and of Mr. Henry Rooke the Clerk of the said Chappie, who 
has the Custody and Care of the Rolls and Records there kept, 
in order to find out and discover whether any Grant or Letters 
Patent ever past the Great Seal, in pursuance of the said Bill 
or Draft of a Grant No 22, but has not been able to find any 
such Grant amongst the Rolls and Records of the said Chappie, 
or any Enrollment thereof, and has been informed by Mr. Rooke, 
and believes to be true, that Mr. Rooke has made diligent 
Search, but has not been able to find the same, or any Entry 
or Memorandum thereof, in any of the Books or Registers be- 
longing to the said Chappie, and that he therefore believes no 



778 PENNSYLVANIA AND MARYLAND 

such Grant ever did actually pass the Great Seal, for that, if 
the same had past the Great Seal, it ought to have been regu- 
larly enrolled in the said Chappie of the Rolls. 

Note — As to his No 19, the Plantation-Office is not the 
Place, but the Council-Office is, for original Orders of Council. 
I suppose that is the Copy of the Order about Clayborne and 
the Isle of Kent ; If so, am surprised that Mr. Sharpe, who 
knows the State of that Order full as well as I do, would let 
his Clerk call that unauthentick Paper at the Board of Trade 
the Original Order. 

46. 

We come now to the Gist of the Cause. The Defendant, fol. 
268, 269, says he believes the Plaintiffs, knowingly and 
designedly, took Advantage of his Ignorance and Want 
of Knowledge of the several Places mentioned in the Map 
or Plan, and of the proper Situation and Distances thereof, 
for that, in the said Map, which was so made use of as a 
Guide in making the Agreement, there is a Place described 
and said to be Cape Hinlopen, in which Place there is no 
such Cape; And that the Place, described by the said Map 
to be Cape Cornelius, is the true Cape Hinlopen, origin- 
ally so called by the Dutch, and so described in their 
Maps; Which was a great Imposition on the Defendant, 
and misled him, in regard the East and West Line, that 
was agreed to be drawn across the Peninsula, was to begin, 
on the East Part of the Place in the said Map called Cape 
Hinlopen; but, ought to have been from that Place only 
which in the said Map is called Cape Cornelius. 

This being the Deceipt put upon him, by his own Map I 
beg you would turn to his Map, and then take his own 
following Evidence, which do afford (I think) the very 
strongest and clearest Evidence against him that the 
Plaintiffs themselves could possibly wish or desire. 

Margaret Simpson, aged 69, the Defendant's own Witness only, 
[Lib. G. fol. 194. Int. 12. addit. fol. 198.] 
Says, that she, about 46 Years ago, when she lived in Maryland, 
heard of a Place called Cape Henlopen or Inlopen, at or near 
Phenix's Island; And hath, since her residing at Lewis-Town, 
heard of a Place called Cape Cornelius about 3 or 4 Miles from 
Lewis-Town aforesaid, and of a Place called Cape May, oppo- 
site to said Cape Cornelius; and that, near Phenix-Island, 
there was, as she heard, a Brass or Copper Plate, or Brass or 
Copper Nails, on a Tree; and that for forty Years past,she has 
often heard the People of Maryland aforesaid, and of Sussex 



BOUNDARY QUESTION. 779 

County aforesaid, dispute, and offer to lay Wagers, some that 

Cape Henlopen was near Phenix's Island aforesaid, and others, 

that the Cape near Lewis-Town was called Cape Henlopen. 

Note— To obviate that very Difficulty or Doubt, on account 

of the Names being transferred, the Articles express it, by a 

double Description, Cape Henlopen South of Cape Cornelius. 

John Fleaharty, of Maryland, Planter, the Defendant's own 
Witness only, aged 102, [Lib. G. fol. 145. Int. 14. fol, 145. ] 
He is acquainted with some of the Places named in the printed 
Plan; And that he never heard of any Place or Cape called 
Cape Cornelius, till within these 6 Months. But that the Place, 
markt in the said Map for Cape Cornelius, is the Place where 
the Whorekill Town, settled by the Dutch, was built, opposite 
to Cape May, and is the Place this Deponent heard the English 
call Cape Inlopen, ^Hitherto he seems not much for us, but he 
amply repays us] And that, to the Southward of Indian River 
and St. Martin's Creek, which St. Martin's Creek is in Somer- 
set County in Maryland, there is also a Place called Cape Hen- 
lopen. That he is not certain of the Distance between the 
Places markt Cape Cornelius and Cape Hinlopen, but supposes, 
upon a direct Line, it is about 12 Miles. This Deponent does 
not know how it came to be called Cape Hinlopen, but has 
heard that the Dutch settled the Whorekills, before Maryland 
or Virginia was settled by the English. 

This very antient Witness sets out finely for the Defendant 
indeed; He says the English call the upper Cape Inlopen 
but that there is a Place, where? South of Indian River 
and St. Martin called Cape Henlopen, and that the Dutch 
settled first, before the English. 

Charles Hilliard, aged 63, the Defendant' s own Witness only, 
[Lib. G. fol. 158. Int. 14. fol 166.] 
Knows several Places mentioned in the Plan which lie between 
the City of Philadelphia and Lewes Town, which is near the 
Capes of Delaware, and that he has been at Lewes-Town, and 
has seen a Point of Land which is called the Cape, which lies, 
on the other side of a Creek, but, being not skilled in Geo- 
graphy, can't say whether the Places laid down in the said 
Exhibit are rightly delineated, or not. 

The same, to the 12th additional lnterroaatory , fol. 168. 

Has heard of a Place called Cape Hinlopen, Avhich lies to the 
Southward of Indian River, near an Island, the Name of which 
he does not remember ; The said Cape was first so called by the 
Dutch ; And that he has heard of the said Cape Henlopen from 
his Father, who was a Sea-faring Man, and lived at St. Martin's 
Creek or River, near Indian River aforesaid. This is better still. 



780 PENNSYLVANIA AND MARYLAND 

Martha Johnson, the Defendant's own Witness only, uncertain- 
of her own Age, but believes 72, [Lib. 6r. fol. 210. Int. 12. 
add. fol. 212.] 
Lives near five Miles from Lewes Town, the way that is usually 
rode. She has heard, that a Place, very near to where she , 
lives, was, by the Dutch, called Cape Inlope. And further 
says, that she thinks she has heard that a Place, at Phenix's 
Island, was called Cape Henlopen but that the whole appears 
to her like a Dream. 

These are the Defendant's Witnesses, and his own Exam- 
inations. 

John Miller, of Somerset County in Maryland, Planter, aged 
44, the Defendant' s own Witness only, [Lib. G. fol. 271. Int. 
14. fol. 272.] 
Has lookt upon the Plan. Is acquainted with Delaware Bay, 
and all the Sea-Coast, from Delaware Bay to the Capes of Vir- 
ginia having been several Voyages into the said Bay of Delaware 
and along the Sea-Coast. He has taken an Observation at the 
Place markt Cape Cornelius, and found it to be in 39 Degrees and 
5 Minutes North Latitude. That in all the Sea-Charts and 
Waggoners which he has seen, the said Cape was called by the 
name of Cape Henlopen, except some few People in Sussex 
County, who called it by the name of Cape Cornelius. Says, 
that, at the Place, markt in the said Exhibit Cape Hinlopen, 
there is no appearance of a Cape, either near or at a distance, 
the Sea-shore there is near strait, and very low. That the 
Place, called Cape Henlopen in the said Exhibit, he apprehends, 
is intended for the Place called by the Inhabitants there Phe- 
nix's Island ; tho' he thinks, it ought to have been laid down 
more to the Southward than it is, near the Midway between the 
Place markt Cape Cornelius, and the Southern Bounds of Mary- 
land. Says, he believes it is from Phenix's Island to Cape Hin- 
lopen, markt Cape Cornelius in the Exhibit, along the Sea- 
shore, about 23 or 24 Miles. Says, that the Word Henlopen is 
a Dutch Word, which Language he does not understand. Says, 
there are several Rivers and Creeks, along the Sea Coast, 
and in Delaware Bay, which are not laid down in the said 
Plan [whose Fault was that? It is not our Plan] particularly 
Seny Puxen, Indian River, and the Whorekill Creek. That, 
near to the Place markt Cape Cornelius, in the said Plan, 
there should have been a Bend, and that, afterwards, it should 
have been laid down straiter than it is in the said Plan. That 
he has never read the Articles of Agreement between the Parties 
but if the Southern Bounds of the three lower Counties were 
to be run, from Phenix's Island, to the Middle of the Peninsula. 



BOUNDARY QUESTION. 781 

described in the said Exhibit, it would extend upon the Posses- 
sions of the Defendant, upwards of eight Miles to the Southward, 
and a considerable Space to the Westwards. 

Supposing this was so, yet if the South Bounds went up 
so high as to the upper Cape, as my Lord contends, then 
this Witness allows it would extend 16 Miles upon the 
Possession of the Plaintiffs, and others say 18 Miles; and 
we shall clearly account for those 8 Miles this Witness 
talks of. 

The same, to the 15th add. Inter, fol. 279. 

Has been acquainted with the Sea-Coast, Delaware Bay, and 
the Country thereabouts, described in tha Plan, near 30 Years. 
Believes that, upon the Tract contained between the Place 
called Cape Cornelius, and Cape Henlopen. in the said Plan 
(if Cape Henlopen in the said Plan is intended to be at Phenix's 
Island) extending the Lines, from both Places West to the 
Middle of the Peninsula, does contain about 500 Families. 
[Note, He says this of the whole 23 or 24 Miles.] That the In- 
habitants, to the Southward of Indian River aforesaid, have 
lived under the Government of Maryland ; And the Inhabitants 
to the Northward of Indian River aforesaid, have lived under 
the Government of Pensilvania. Hath seen several Patents for 
Lands, from the Lord Baltimore, to the Northward of Phenix's 
Island, dated in 1677, and the rest bearing Date before the Year 
1684. And has also seen two Patents from the Proprietors of 
Pensilvania, dated 1684, for Land upon Indian River, and on 
the South Side thereof. That ever since he can remember, [born 
in 1696] the Inhabitants, on the South Side of Indian River have 
always paid their Quit-Rents to Lord Baltimore, and his An- 
cestors, except during the time there was an Equivalent given 
by the Country to the Defendant for the same. And that he 
has never heard of any Quit- Rents being paid for the said Land, 
or any of the said three lower Counties, by the Inhabitants to 
the Plaintiffs, or their Ancestors. 

This is a planter, who has made several Voyages into Dela- 
ware Bay; He says, he lives in Somerset County, which 
is jiist below Sussex County : and Indian River, indeed, 
is not easily crost, without a Voyage. But he swears 
there is no appearance of a Cape at Phenix's Island, 
either near, or at a Distance, the Sea Shore is very low. 
Now let us see how their own next Witness contradicts 
him, as to that last Point, and fortifies all our Witnesses. 

Boudoin Robins, of Maryland, Planter, the Defendant' s own 
' Witness, only aged but 34, [Lib. G. fol. 282. Int. 14. fol. 282.] 
Has lookt upon the Plan, and is acquainted with the Sea- 



782 PENNSYLVANIA AND MARYLAND 

Coast from the Capes of Delaware to the Mouth of Chesopeak 
Bay, and from thence, with the said Bay of Chesopeak, as high 
as Annapolis. Says, that Cape Hinlopen should have been 
placed in the Plan where the Place markt Cape Cornelius is, 
as he apprehends ; for that he has been a Coaster, eight or ten 
Years, and has ever understood that Place to have been Cape 
Henlopen, and has always heard it called so, by those who 
spoke of it to him. And that the Shore, from thence (except- 
ing a little Bend near the said Cape, about five or six Miles to 
the Southward of it) is generally strait, and beareth South and 
by West. Says, he observes that Seny Puxen and Indian Rivers 
are not laid down in the said Plan, and also Choptank River 
that runs into Chesopeak Bay. That he can't tell by what 
Name the Place, markt Cape Hinlopen in the Plan, is called 
by the Inhabitants, because he does not know its Distance from 
the Mouth of Delaware Bay. That, in sailing along the said 
Sea-Coast, towards Delaware Bay, the Land at Phenix's Island, 
is somewhat higher than the rest of the Land about ; But that no 
cape appears, till you come to Cape Hinlopeu lying on the South 
side of Delaware Bay, and markt in the Plan Cape Cornelius, 
[Note, There being no real and true Cape or Head-Land, is the 
very Reason for transferring the old Name to the Place where 
there is unquestionably a Cape. And this Witness tells you he 
is a Coaster, and a young one too, of 8 or 10 Years.] He goes 
on, and says, he has heard it was called Cape Hinlopen by 
the Dutch, and that the Meaning thereof is inlap. That he 
thinks the Cape, upon the East Side of the Mouth of Cheso- 
peak, is not truly laid down ; and several Islands, Creeks, and 
Inlets, are omitted in the said Plan, that lie in and run into 
Chesopeak Bay. 

The same, to the 15tJi add. Int. fol. 288. 

That, as there is neither Scale or River mentioned between 
the said Places markt Ca,pe Hinlopen and Cape Cornelius in 
the Plan, he cannot, thereby, find out whereabouts the Place, 
therein called Cape Hinlopen, is intended to be fixt ; nor can 
say how many Families there are inhabiting betwixt that Place 
and the Place there markt Cape Cornelius ; but always under- 
stood that the People as far North as Indian River, held their 
Lands under the Proprietary of Maryland. 

Colonel Thomas Colvil, of Maryland, aged 50, the Defendant's 
own Witness only, [Lib. O. fol. 120. Int. 14. fol. 121.] 
Says he is not well acquainted with the Bay of Delaware de- 
scribed in the produced Map, but has been once up and down 
the said Bay. That he is no otherwise acquainted with Cape 
Hinlopen, than as is described in the Sea-Charts, or West-India 



BOUNDARY QUESTION. 783 

Waggoners. That he has never heard of any Cape called Cor- 
nelius, till within these six or seven Years. He knows not 
from whence Cape Hinlopen took its Name. That, when they 
sailed in, by the Cape Hinlopen described in the Sea-Charts 
or Waggoners aforesaid, they apprehended the Cape lay very 
near Lewis Town. 

This is nothing to the purpose; the Defendant might have 
had 10,000 Witnesses, who had only seen the new modern 
Maps, that might have said just the same as Colonel Col- 
vill does. 
And these Witesses tell us, to whom the Inhabitants South 
of Indian River pay their Quit-Rents, but how many are 
the Inhabitants? Have they proved seven, five, or three, 
such Inhabitants? I see not the least Proof made by the 
Defendant, of any one Inhabitant or Settlement, there, 
made by Maryland; and indeed, it's a low, sandy, un- 
healthy and unpleasant Place, and will be the last that 
is settled, whoever it belongs to. 
But, what is all this, and more of the same kind, to the 
purpose? My Lord says, that our Cape Cornelius was, the 
Place originally called by the Dutch, and so described in 
their Maps, Cape Hinlopen, why then, sit Liber Judex: 
Has my Lord proved any one Map whatever? No. Why 
has he not? Because they most absolutely falsify his Pre- 
tence and lay down both Capes exactly according to his 
own Map. 

Thomas Hynson Wright, of Maryland, Esq., the Defendant's 
own Witness only, and a Surveyor, aged 52, [Lib. G. fol. 
251. Int. 114. fol. 259.] 
That he hath lookt upon the Plan, and is acquainted with 
most of the Land between the main Ocean Delaware Bay, and 
Chesopeak Bay, as far Northward as Newcastle; and that, after 
the Agreement made between the Plaintiffs and the Defendant, 
he this Deponent was employed, by the Defendant's Commis- 
sioners, to go down and take a Reveiw of the Cape of Delaware, 
and the Sea-Side. And that, when he came to Lewes Town, he 
inquired of several of the principal Inhabitants there, for Cape 
Henlopen, particularly of William Till, Rives Holt, and one Col- 
leak, and was shewed, by them, a Point for Cape Hinlopen, at the 
South Side of the Mouth of Delaware, which seems to be repre- 
sented in the said Plan by the Cape marked Cape Cornelius ; and 
that the said Cape bore, near East, about 4 or 5 Miles Distance, 
(as he was informed) from Lewis Town aforesaid ; and that, he, 
afterwards, went, from Lewis Town aforesaid, to the said Cape, 
and coursed the Sea-side, along with a Compass, to the Mouth 



784 PENNSYLVANIA AND MARYLAND 

of Indian River, which the Inhabitants there acquainted this 
Deponent they computed to be about 12 or 14 Miles from the 
said Cape, and that the Course thereof was very near South ; 
and that, afterwards, he, this Deponent, went to a Place, called 
Phenix's Island, which the Commissioners aforesaid informed 
him that the Plaintiffs Commissioners deemed to be Cape Hin- 
lopen, as described in the Exhibit aforesaid. [Why did he not 
ask there for Cape Hinlopen?] From which last mentioned 
Place, he run the Course of the Sea Shore, and measured the Dis- 
tance of the Mouth of Indian River aforesaid ; and that Indian 
River bore about North 9 or 10 Degrees East, and distant about 
8 or 9 Miles from Phenix's Island : Saith that, as he went along 
the Sea Shore aforesaid, he inquired for the oldest Inhabitants 
there, and by them was informed, that they never knew or 
heard of any Place called Cape Hinlopen, but that Cape near 
Lewis Town aforesaid, until the Agreement aforesaid ; That 
the Course of the Sea-shore aforesaid appears to this Deponent 
to be untruly laid down in the said Exhibit; and that he does 
not know by what Name the Place marked Cape Hinlopen 
in the said Exhibit, is called by the Inhabitants there; Hath 
understood formerly, that the Word Hinlope was Dutch, and 
that it signified leaping in, and therefore applied to the En- 
trance of Delaware Bay. Saith, that the said Plan contained 
in the said Exhibit is incorrectly made. That there are divers 
Rivers, viz. Nauticoake, Choptank, Chester, and Sassafras, 
not laid down in the said Map; and that he believes, that, if 
the said Rivers had been laid down in the said Map, The Tan- 
gent Line therein marked, would have intersected the Heads 
thereof, and would have cut off navigable Waters from Nauti- 
coak and Choptank, if not from the othar Rivers. [This is 
provided for, by my Lord's new Clause, if it does.] And the 
Reason of such his Belief is, because he traversed the Courses 
of the Roads, from Lewis Town to Phenixes Island, and from 
thence, into Queen Anne's County in Maryland, and from thence 
to Newcastle aforesaid, in order to plat the same, and discover 
where the Tangent Line would run. Saith, that if the Articles 
of Agreement aforesaid, were carried into Execution, and the 
Place called Phenixes Island should be deemed Cape Hinlopen 
that the Defendant would lose near 300,000 Acres of Land, which 
he never understood were claimed as Part of the three lower 
Counties aforesaid. 

This Witness does not tell us one single Word, whether 
there is, or is not, the Appearance of a Cape at Phenix's 
Island, which would have been very material and natura.1 
for him ; and, as he was employed, as a Surveyor, in the 
Service of the Defendant, by the Defendant's own Com- 



BOUNDARY QUESTION. 785 

niissioners, purely to enquire for the Cape, and to view 
the Cape, he certainly must have known or learned, some- 
thing about it, one way or the other; but he is not asked 
one Syllable about it. 

This man, sent down pui'posely.on this Errand, enquired at 
Lewes Town, in the Neighbourhood of the New Cape Hin- 
Jopen, of several of the principal Inhabitants, (and he 
names three only and no more) for Cape Hinlopen, and 
they shew'd him what is called in the Plan Cape Corne- 
lius, near Lewis Town, and so will 1000 other Persons, 
now at this Time, do. 

He tells what Course the Sea Coast bears, and the Distance 
of several Places, 

And he inquired of the oldest Inhabitants, and was in- 
formed by them, (but does not name any one single Per- 
son of them) that they never heard of any Cape Hinlopen, 
but that near Lewes Town. 

What Pity it is, this Gentleman, in his Search and Enquiry, 
had not found out any one of the many Maryland Wit- 
nesses, and Sussex County Witnesses both, which the De- 
fendant and the Plaintiffs found out, and have examined 
all of whom knew, and could have told him very well, 
of another Cape Hinlopen, at Phenix's Island, and which 
they have all sworn to in this Cause. 

You'll please to observe how cautious this Man is, he does 
not pretend that my Lord is possessed of, or has a single 
Tenant upon the 300,000 Acres which he speaks of. 

Governor Samuel Ogle, of Maryland, aged 40, [Lib. G. fol. 218. 
Int. 14. fol, 226.] 

That he is acquainted with the upper Part of Chesopeak Bay, 
and the Rivers therein, and the Country about it, described in 
the Exhibit or Plan; and that he lookt upon the said Map or. 
Plan to be very imperfect and false; There being some Rivers 
wanting, and others wrong designed and described. That, from 
the best Information he has been able to get, he is persuaden 
Cape Henlopen is wrong laid down in the said Exhibit: and 
that, where Cape Hinlopen is laid down, in the said Exhibit, 
there is not the least Appearance of a Cape. And that he ap- 
prehends, from the best Information he has been able to get, 
Cape Henlopen should be laid down, where Cape Cornelius is 
laid down, in the said Exhibit; and that, for about 30 Miles to 
the Southward of the Place which this Deponent apprehends to 
be the true Cape Hinlopen, marked in the Exhibit Cape Corne- 
lius, there is a flat Shoar, and no Appearance of any other Cape. 
Saith, that he really believes the Exhibit aforesaid was con- 

, 30— Vol. X\ . 



786 PENNSYLVANIA AND MARYLAND 

trived,on purpose to deceive the Defendant, and that the Plain- 
tiffs were privy to the Falsities and Misrepresentations (before 
the Execution of the Articles aforesaid) therein made; and that 
it was artfully conveyed into the Defendant's Hands, by the 
Plaintiffs or some of their Friends. The Reasons why the De- 
ponent believes the said Map was not sent from Maryland to the 
Defendant, are, that he hath heard the late Governor and Mr. 
Philemon Lloyd, Secretary of Maryland, who had the principal 
Management of the Defendant's Affairs concerning the Bound- 
aries of that Province, often declare that they had no hand in 
the making, or sending it, nor could he ever learn that they, 
or any other Gentleman in Maryland, ever heard of Cape Hen- 
lopens being where it is laid down in the Exhibit, before the 
Map, of which the Exhibit is a Copy, came into Maryland 
with the Articles of Agreement; and that the Deponent can't 
conceive how any Gentleman in Maryland, could ever think of 
placing Cape Hinlopen any where but at the Whorekills, since 
in the Deed of Feoffment from the Duke of Y'ork to Mr. Penn, 
it is called Cape Henlopen, alias the Whorekills; and the De- 
ponent hath never heard of any Dispute made about the Situa- 
tion of the Whorekills. 

This Gentleman who, upon Oath, does not believe only, 
but absolutely knows, the Heart of Man. (even at first 
Sight) and how much they know, and how little they 
know, happens to be wonderfully out in what he is per- 
suaden of, and in what he apprehends, (for those are the 
governing Words of the former Part of his Deposition 
as to its being: a flat Shoar, and there not being the least 
Appearance of a Cape. For his Perswasions and Appre- 
hensions have the Misfortune to be flatly contradicted by 
many of his own Fellow Witnesses, (but not Governors) 
and by many of ours likewise, all of which swear the di- 
rect contrary. 
2dly, As to his real Belief, 1st, That the Plan was contrived 
to deceive the Defendant; 2dly, That the Plaintiffs were 
privy to the Falsities in it before the excution of the Ar- 
ticles; and, 3. That it was artfully conveyed into the 
Defendant's Hands, by the Plaintiffs, or their Friends, 
any one of these 3 Things proved, had been exceedingly 
material, but no Step to prove any one of them, nor, any 
one Reason given, why he believes any one of those Things. 
My Lord himself, and his Sollicitor, both admit that the 
plan was sent to my Lord by his own Agents, whoever 
they had it from; but this Man goes higher, and believes 
that the Plaintiffs, or their Friends, conveyed it artfully 
into the Defendant's Hands; so that he out-does, and 



BOUNDARY QUESTION. 787 

contradicts, his Master, and all. without the least Reason 
given why he believes this. 

"Well, but he swears he has some Reasons to believe another 
distinct Matter; namely, that the Map was not cent from 
Maryland ; and we will examine those Reasons, and see 
whether they are Rea,sons to believe that other Matter 
from. Why first, he has asked two single Persons, the 
late Governor and the Secretary, and they two told him 
they had no Hand in making or sending it. But has he 
examined them as Witnesses? No. Does he say either of 
them is dead? No. Suppose they told him what was 
false ! Or, suppose they told him true, Has he asked my 
Lord's Surveyors General, whose Business it was to make 
Maps and Plans? No. Can't my Lord tell who it was that 
he had that Plan of his own Province, from? Does my 
Lord, or any one else, so much as pretend to name, or say, 
who the Person was, that delivered the Plan to him? No. 
Has he examined to prove that that Map was ever seen or 
heard of, in Pensilvania? No. Had not they an Inter- 
rogatory framed, on purpose to examine into that Matter? 
Yes, they had, their 5th cross Int. H. Fol. 176. but they 
could find nobody proper to be examined upon it. 

But 2dly, This Witness has another Reason to believe the 
Map could not be sent from Maryland; for he could never 
learn that the late Governor, and the Secretary, or any 
other Gentleman in Maryland ever heard of Cape Hinlo- 
pen's being where it is laid down in the Map. Y/hat 
Pity it is a Man, of so great Knowledge, should be so un- 
willing to learn, what so many of his own, and of our 
Witnesses (many of Maryland) could have told him, and 
have sworn, that not only the particular Place was called 
Cape Henlopen by the Dutch, but that the whole Country 
thereabouts was called, after its Name, Hinlopen? 

He can't conceive that any Gentleman in Maryland could 
ever think of placing Cape Hinlopen any where but at 
the Whorekills ; since, in the Duke's Feoffment, it is called 
Cape Hinlopen alias the Whorekills; and he never heard 
of any Dispute about the Scituation of the Whorekills; 
but are not we. at this Instant, and himself in this very 
Argument, considering the Extent of that large District, 
called first Whorekills, and afterwards Sussex County? 
And, however it may be expressed in the Duke's Feoff- 
ment, yet, surely, to Persons, who have seen the Dutch 
Maps of 1663, and the English Map in 1671, both which 
laid down Cape Henlopen and Cape Cornelius, and laid 
down Cape Hinlopen at the Place really called by the 



788 PENNSYLVANIA AND MARYLAND 

Dutch Cape Hinlopen, and who know (as the Witnesses 
do) that that Place was called Cape Henlopen by the 
Dutch, it would be no sort of Impropriety for a Mary- 
lander to think that Cape Hinlopen lay, at a Place where 
he knew it did lay ; and any Inaccuracy, if there was any, 
in the Duke's Feoffment in 1682 (and which is helped by 
the present Articles) would not determine a Man to make 
a Map of a Country knowingly wrong, because that the 
Duke of York had, once, inaccurately expressed a Part 
of that Country, in some Deed of his. dated in 1682. 

But, if he will have the Duke of York to explain where 
Cape Henlopen lay, that was so called by the Dutch, 
they may find it, in very clear explicit Terms. In the 
Patent which the Duke was obtaining, the Beginning of 
the very next Year 1683; which describes it exactly accord- 
ing to our Evidence; and that Patent the Defendant him- 
self has proved a Copy of, from the Signet Office, in this 
Cause. 

The Defendant has cross examined eight of our Witnesses, 
upon some printed Plan or Map marked A, which I sup- 
pose was a Copy of his own Plan annexed to the Articles. 

John Teague, Lib. H. fol, 43. Int. 3. fol. 45. Elizabeth Morris, 

Lib. H. fol. 26. Int. 3. fol, 28. John Musgrave, Lib. H, fol. 

34. Int. 3. fol, 36. William Peterson, Lib. H. Fol. 7. Int. 

3. fol. 10. ] 

Who all say they have looked upon that Exhibit, and don't 

understand it. 

Samuel Hollmgsworth, aged 67, [Lib. H. fol. 29. Int. 3. fol. 31.] 

Says he is unacquainted with the lower Part of Delaware, 
and tho' he has heard of Cape Hinlopen, Cape Cornelius, and 
the Whorekills, can give no particular Account of them. He 
does not remember to have heard of Phenix's Island, [Note, he 
lives in Chester County in the upper Part of Pensilvania] That 
he knows Christiana Creek, and takes that Creek in the Map, 
next above Newcastle, to be designed for it. 

John Rambo, of New Jersey, Farmer, aged 79, [Lib. H. fol, 19. 
Int. 3. fol. 21.] 
He has looked upon the Plan, and he has never heard of any 
Cape called Cape Cornelius; but that the Place, therein so 
marked in the Place which he has always undedrstood to have 
been called Cape Hinlopen since he has been acquainted with 
those Parts. That he is acquainted with the Whorekill Creek, 
which runs into the Land, a little within the Cape marked in 
the Exhibit Cornelius; but knows nothing of Phenix's Island. 



BOUNDARY QUESTION. 789 

That he knows Christiana Creek, which lies, as he believes, 

3 or 4 Miles above Newcastle. 

Note— This Witness, a Country Fanner, has just told us, 
in the next preceeding Interrogatory, that he was born and 
lived his first 20 Tears up at Philadelphia, and the Residue of 
his Time in another distinct and more remote Province, New 
Jersey, and was never but one Winter a Whaleing at the 
Places enquired after, and that 50 Years ago ; and now, they 
are enquiring into his Knowledge, and his Understanding, 
these Places. 

Samuel Preston, aged 75, [Lib. H. fol. 104. Int. 3. fol. 106.] 

Has looked upon the said Plan, and is acquainted with the 
Places marked therein Cape Cornelius; and has heard of the 
Place therein marked Cape Hinlopen. Says that the Place 
therein marked Cape Cornelius has generally, since his know- 
ledge of it been called Inlopen, and is distant from the Place 
in the said Plan called Cape Henlopen about 25 Miles as he 
believes; Further says he has seen some Maps wherein the Place 
called Cornelius in the said Plan, was called by the same Name 
Cornelius. He knows the Place formerly called the Whorekill 
Town, and Christiana Creek, and hath heard of Phenix's Is 
land. That the Whorekill Town lies near to the Place in the 
Plan marked Cape Cornelius. Christiana Creek about 5 Miles 
above the Town of Newcastle. And believes that Phenix Is- 
land is about the Place marked Cape Hinlopen. Says that a 
Creek runs up by the Whorekill Town. 

Thomas James, Pilot, aged 49, [Lib. H. fol. 12. Int. 3. fol. 13.] 

He has looked upon the Plan, and is acquainted, by sailing 
into Delaware Bay, with the Place therein marked Cape Cor- 
nelius, which is now called Cape Hinlopen. That there is 
another Place, that has the Appearance of a Cape, to the South- 
ward of the said Cape, which has been sometimes called Cape 
James, [please to mark it well, for our written Evidence proves 
that Mr. Penn, so named it in 1682] sometimes Cape Hinlopen, 
and sometimes the false Cape: but whether this last be cor- 
rectly laid down, or not, in the Exhibit, he cannot say, there 
being neither Course nor Distance expressed therein. That he 
is not acquainted with the Place called Phenix's Island, but 
has seen the same from the Sea. That he is acquainted with the 
Place formerly called the Whorekills. That it is scituate upon 
a Creek, formerly called by the Dutch, the Whorekill Creek, 
about four or five Miles within the Cape marked in the Ex- 
hibit Cape Cornelius. That he is likewise acquainted with 
Christine Creek, which is a Creek scituate about 5 Miles above 
Newcastle in the Exhibit mentioned. 



790 PENNSYLVANIA AND MARYLAND 

The Defendant, surely, was afraid we should not sufficiently 
falsity his Answer, and prove our true Cape Hinlopen, 
and so he takes Care to supply us with more and further 
Proof of it. 

And thus ends all the Proofs: wherein it appears most mar- 
vellous that the Defendant, who builds his whole Pre- 
tence of Imposition in that his own Map did not lay down 
Cape Hinlopen where the Dutch Maps did, has never at- 
tempted to produce one single Map, to support that As- 
sertion. 

Another material Omission on the Defendant's Part is, that 
he has not proved that original Map which he Produced 
and marked with his own Hand: and why? It is not 
that that is wanting, for Paris swears that Mr. Sharpe 
had it again from Mr. Senex, and Mr. Sharpe now swears 
that the printed Map is an exact Copy of it. But it is 
for this Reason, they know (and so Paris swears) that 
that original Map had many Marks, and Lines, and Notes 
about it, relating to the Circle, and therefore the Defend- 
ant conceals that original Map of his, because it would 
convict him. 



